Former governor Sérgio Cabral (MDB) and former first lady Adriana Ancelmo will have to return R$ 10 million as compensation for the damage caused to public coffers in the period from August 19, 2008 to April 3, 2014. The decision is from the 8th Criminal Chamber of the Court of Justice of the State of Rio de Janeiro.
The amount will still be subject to monetary restatement and late payment interest of 1% per month since April 2014.
The two were convicted last year of the crime of embezzlement. for the private use of State Government helicopters to transport family members, employees, politicians and friends. In the first instance, the conviction provided for the return of R$ 19,978,500.00.
The defenses of Adriana and Cabral appealed the decision and the 8th Criminal Chamber partially accepted the requests. According to the rapporteur of the case, judge Suely Lopes Magalhães, the authorship and materiality of the crime of embezzlement imputed to the defendants were demonstrated both by the extensive documentation of the process and by the testimonies collected in the investigation and in court.
The amount was reduced because, according to the Attorney General’s statement, the facts found would refer to the period from 01/01/2007 to 04/03/2014 and there is legislation that brings harmful content to the defendant – procedural and material – that entered effective only on 08/19/2008, therefore, the previous period cannot be computed for purposes of calculating the minimum amount for repairing damages caused by the infraction due to the principle of non-retroactivity of the criminal law.
In the decision, the magistrate emphasized that the established is “as a minimum value for repairing the damages caused by the defendants to the public coffers” and that the sentence took into account the “continuity of crime, where there are several crimes linked to each other due to conditions similar terms of time, place, mode of execution and others”.
Source: BdF Rio de Janeiro
Editing: Eduardo Miranda