Ministério Público abre inquérito para investigar Alckmin

O Ministério Público de São Paulo abriu inquérito civil contra o ex-governador Geraldo Alckmin (PSDB), por suposto ato de improbidade. Adhemar César Ribeiro, cunhado do tucano, e o secretário Marcos Monteiro (Desenvolvimento Econômico, Ciência, Tecnologia e Inovação), codinome ‘Salsicha’ ou ‘M&M’, também foram denunciados.

Pré-candidato à Presidência, Alckmin teria se beneficiado de valores estimados em R$ 10,5 milhões repassados para suas campanhas de 2010 e 2014 via ‘caixa 2’. O cunhado e ‘M&M’ teriam operacionalizado os repasses, por meio de contatos com executivos da Odebrecht.

Por meio de sua assessoria de imprensa, o tucano afirmou que ‘vê a investigação de natureza civil com tranquilidade e está à disposição para prestar quaisquer esclarecimentos’. “Não apenas por ter total consciência da correção de seus atos, como também por ter se posicionado publicamente contra o foro privilegiado”.

Os promotores usam o artigo 11 da Lei de improbidade para embasar o procedimento. O artigo 11 estabelece que ‘constitui ato de improbidade administrativa que atenta contra os princípios da administração pública qualquer ação ou omissão que viole os deveres de honestidade, imparcialidade, legalidade e lealdade as instituições’.

Na semana passada, a ministra Nancy Andrighi, do Superior Tribunal de Justiça, remeteu para a Justiça Eleitoral de São Paulo o inquérito contra Alckmin que tramitava na Corte Superior. Em tese, a prática de Caixa 2 da qual Alckmin supostamente se favoreceu é de competência eleitoral.

Os promotores de Justiça, que nesta sexta-feira, 20, abriram o inquérito civil contra o tucano, entendem que eles também têm competência para investigar o caso. O dinheiro que teria abastecido as campanhas de Alckmin, segundo delações premiadas de executivos da Odebrecht, foi repassado ‘a título de Caixa 2, sem regular declaração à Justiça Eleitoral, de R$ 2 milhões para a campanha de 2010 e de R$ 8,3 milhões para a campanha de 2014’.

Alckmin foi citado por três delações da Lava Jato por ter supostamente recebido R$ 10 milhões.

Alckmin, como governador, tinha foro privilegiado e o caso foi para o Superior Tribunal de Justiça, em Brasília, no fim de 2017. No dia 6, Alckmin renunciou ao cargo para disputar as eleições presidenciais de outubro e perdeu o foro privilegiado.

Os procuradores da força-tarefa da Lava Jato em São Paulo pediram, então, à Procuradoria-Geral da República em Brasília para receber o inquérito. Mas a PGR indicou ao Superior Tribunal de Justiça que a suspeita era de crime eleitoral. Por isso, o STJ enviou para a Justiça Eleitoral em São Paulo.

Os promotores estudam enquadrar o ex-governador do artigo 9.º, da Lei 8429/92, por enriquecimento ilícito.

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