Ministro Eros Grau Nega Liminar Em Hc A Daniel Dantas

O ministro Eros Grau negou a liminar do Habeas Corpus (HC) 103275, impetrado no Supremo Tribunal Federal (STF) pelo ex-dono do banco Opportunity, Daniel Valente Dantas. O ex-banqueiro alegava existir parcialidade do magistrado da 6ª Vara Federal Criminal de São Paulo, Fausto De Sanctis, ao julgá-lo – o que no meio jurídico é conhecido como exceção de suspeição.

Dantas recorreu ao STF depois que o Superior Tribunal de Justiça (STJ) indeferiu HC de igual teor. Em ambas as cortes, ele tentava sobrestar uma apelação e a ação penal decorrente de investigação da Polícia Federal que estão na vara conduzida por De Sanctis.

Na interpretação do ministro Eros Grau, o STJ julgou corretamente o HC porque a suspeição de um juiz exige o contraditório entre as partes, e isso não pode ser feito por meio de liminar em habeas corpus, já que se exige o confronto entre as razões da suposta suspeição com os elementos constantes no processo.

“A complexidade da questão e a impossibilidade de cotejo, em sede de medida cautelar, das razões da impetração com os elementos constantes nos autos [compostos de aproximadamente duas mil laudas] recomendam o indeferimento da liminar”, disse o ministro, ordenando a abertura de vista ao Ministério Público Federal.

Na decisão, Eros Grau reproduziu o acórdão do STJ que faz recair sobre Daniel Dantas o ônus da prova e essa prova deve ser confrontada com os argumentos do magistrado sobre o qual ele levanta a suspeição. “A documentação apresentada, por si só, não se revela apta a demonstrar a pretensa parcialidade do magistrado”, cita o acódão.

MG/LF

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