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STJ Accepts Charges Against São Paulo Judge in Alleged Sentencing-for-Sale Scheme

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The Superior Court of Justice has accepted corruption charges against São Paulo appellate judge Ivo de Almeida, accused of involvement in a scheme to sell court decisions. The case stems from a 2024 federal police operation.

In a significant legal development, the Superior Court of Justice (STJ) has formally accepted a criminal complaint from the Prosecutor General's Office against São Paulo appellate judge Ivo de Almeida. The judge now stands accused of participating in an alleged scheme to sell court decisions, a scandal uncovered by the 2024 federal police operation known as 'Operação Churrascada.'

The charges against Judge Almeida include passive corruption, money laundering, administrative advocacy, and criminal association. The complaint, spanning 147 pages, details how the judge allegedly used his position and access to restricted databases and other judges to favor a former civil police officer, Marcos André de Almeida, in Minas Gerais. Evidence from federal police messages indicates the former officer sought the judge for information on his accusers and that the judge allegedly suggested defense strategies.

The judge's son, Ivo de Almeida Júnior, and three other individuals have also been formally accused in connection with the illegal scheme. The prosecution alleges the judge formed a criminal organization to commit money laundering and corruption. Specific instances cited include a request of R$65,000 to grant a habeas corpus and receiving R$100,000 to secure the release of Sérgio Armando Audi from prison.

Financial investigations revealed that between 2019 and 2022, Judge Almeida allegedly concealed financial movements totaling R$182,440, which prosecutors claim were bribe payments. The investigation tracked 24 episodes of money laundering, typically conducted in cash and in fractional amounts to evade oversight. The judge and his son are accused of using a real estate development company to hide the illicit funds, with the son listed as a partner with a R$225,000 stake.

The complaint further highlights a stark disparity in the son's finances. His declared annual income between 2016 and 2022 ranged from about R$10,181 to R$31,639, totaling just over R$100,000. However, his credit card expenses alone during that period amounted to approximately R$800,000, a figure prosecutors argue is incompatible with his legitimate earnings.

The prosecution also describes a pattern of 'judicial clientelism,' alleging the judge solicited favors from police officials in 2022. These favors reportedly involved interfering in administrative decisions regarding the transfer of a clerk, the promotion of an investigator, and the administrative transfer of a police chief. The complaint references conversations between the judge and the current Assistant Secretary of Public Security for São Paulo, Osvaldo Nico Gonçalves, who is not accused of any crime.

In a statement, Secretary Gonçalves confirmed receiving promotion recommendations from Judge Almeida for police officers. He stated that the names were reviewed by the Police Council and that the individuals recommended by the judge were not promoted. He added that such recommendations are routine and that no promotion occurs without the council's analysis and approval.

Judge Almeida's defense attorney, Átila Machado, stated that while they respect the STJ's decision, they 'firmly disagree with its content.' The defense maintains that investigations proved there was never a sale of judicial decisions and that the judge's name was improperly exploited by third parties without his knowledge or participation. They expressed confidence that the trial will demonstrate the judge's innocence.

Judge Almeida, a graduate of the Pontifical Catholic University of São Paulo, began his judicial career in 1987 as a substitute judge in Bauru. He was appointed as a justice of the São Paulo Court of Justice in 2013. Based on reporting from g1.