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If a crime committed by the public servant, after the termination of the prerogative, does not attract the of the court (i.e., it has no prerogative), this also applies in the opposite direction", assesses Lopes Jr., who is a columnist for ConJur . In the case cited by the professor, judged in 2018, the STF Plenary restricted the scope of the forum due to function prerogative. For ministers, parliamentarians only have a special jurisdiction if the facts attributed to them occurred during their term of office, depending on their position. In the case of crimes committed prior to this, the parliamentarian must be prosecuted by the first instance of Justice, like any citizen. With the end of the mandate, the privileged forum also ends, the court ruled. Paraná or São Paulo? The investigation began in the state court of São Paulo, the state where the preparatory acts for the alleged PCC plan began.
Subsequently, the part involving Sergio Moro was split and sent to the plan began in São Paulo, and the majority of arrests and searches and seizures were carried out in that state, the case should be heard in the São Paulo state court. Afrânio Silva Jardim mentions that, if the criminal organization — the PCC — is based in São Paulo and began planning the alleged kidnap Special Phone Number Data ping in cities in São Paulo, the jurisdiction lies with the state courts. Regarding the place, the jurisdiction is defined according to the most serious crime, says Aury Lopes Jr.. The PCC's supposed plan would involve not only attacks on Moro, but also on the São Paulo Public Prosecutor's Office Lincoln Gakiya. In other words, crimes of equal gravity. This is where the rule of prevention applies, according to the professor.
Therefore, the process should remain where it began — in the state court of São Paulo, where the investigation involving the prosecutor continues. "Guardian angels" With the "sequaz" operation, which uncovered the supposed plan against Moro and to free PCC chiefs, the allegations of the "guardian angels" operation, opened in 2004, are once again investigated. In other words, there is more than one research on the same topic, although the practice is not legal. According to the Federal Police, members of the PCC planned to carry out attacks against Moro and Gakiya with the aim of rescuing group leaders imprisoned in federal prisons. The main one would be Marco Willians Herbas Camacho, Marcola, the head of the faction, who is in the Federal Penitentiary of Brasília. Judge Gabriela Hardt decreed on the 22nd the provisional arrest of 11 people being investigated.
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