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16h ago

STJ Removes Dirceu, Genoíno, Delúbio and Adauto From Mensalão Improbity Case After Prosecutors’ Procedural Error

The justices deemed the MPF’s choice of appeal a gross, incurable error.

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STJ exclui Dirceu e Genoino de ação de improbidade do mensalão
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Overview

  • The STJ’s First Section unanimously upheld the exclusion of José Dirceu, José Genoíno, Delúbio Soares and Anderson Adauto from a civil improbity action tied to the Mensalão.
  • The court ruled the MPF used apelação instead of the required agravo de instrumento to challenge an interlocutory order, an error that blocks application of the fungibility doctrine.
  • Under CPC article 1.005, the decision’s favorable effect was extended to all defendants in the same position, removing 15 people from the lawsuit.
  • The judgment, decided on Oct. 2 and released on Oct. 20, overrides a 2015 Second Panel stance that had allowed the case to continue based on supposed doubt over the proper remedy.
  • The ruling addresses only procedure, and the court said later changes to the improbity law and STF guidance do not alter the analysis.