Minister Cassio Nunes Márquez, of the STF (Federal Supreme Court), on Friday (5) halted the dismissal of the Governor of Tocantins, Wanderlei Barbosa (Republicans), who was the target of an operation in September to investigate suspected deviations from parliamentary amendments during the Covid-19 pandemic.
“Although there is evidence of the patient’s participation in the illicit acts under investigation, no sufficient evidence has been generated to justify his removal as governor of the state of Tocantins,” the minister says in his decision.
He also states that there is no synchronization between the central evidence relating to Barbosa and his impeachment on the eve of the election year.
The decision stated, “Finally, with regard to evidence of the practice of the crime of money laundering, it is necessary to deepen investigations, until the illicit source of the resources used in building the project is confirmed.”
Cassio also states that impeachment is a serious procedure for a politician who has a mandate granted by the popular vote.
“From this perspective, I believe that maintaining this measure constitutes, in this case, an excessive interference in the political and administrative sphere of the State of Tocantins, without the police authority proving the occurrence of an actual and immediate danger to public order or criminal prosecution,” the Minister stated.
The governor’s defense said in a statement that he “receives with all enthusiasm the decision issued by the Federal Supreme Court today, which allows him to return to the position for which he was legitimately elected.”
Barbosa’s dismissal was decided by Minister Mauro Campbell, of the Supreme Court, and supervised by the Court’s Special Tribunal, consisting of 15 senior ministers.
According to the Palestinian Front, fraud occurred in the supply of basic food baskets and frozen chicken purchased with this amount. The loss is estimated at 73 million Brazilian riyals. The money was supposed to be used to purchase luxury real estate, purchase livestock and personal expenses.
The governor said at the time in a statement that the decision was hasty and there was no “final conclusion regarding any responsibility” on his part.
In November, the Federal Police launched another operation to investigate the possible practice of embarrassing the investigation.
Searches were conducted at the addresses of the deposed governor. The National Front even requested his arrest, but STJ denied this.
Federal police said they had determined that 550,000 Brazilian reais had been paid in alleged bribes to Wanderlei, related to a frozen chicken supply contract signed with a company.
The in-kind transfer was scheduled to take place on November 14, 2021, but the contract was not executed or paid by the government.
According to investigations, the company was unable to fulfill the agreement. It delivered only 15,000 light chickens, instead of the expected 50,000 chickens, resulting in the contract not being fulfilled. His defense has always denied any wrongdoing.