Fux suspends Elmar’s indictment in case of helicopter and sends process to the STF

Minister Luiz Fux of the Federal Supreme Court (STF) suspended the indictment promoted by the Federal Police of Federal Deputy Elmar Nascimento (Union-BA) for alleged irregular landings of his helicopter in a forbidden area. In December, the measure had been taken provisionally, and confirmed in February by the first class. Now the decision was definitively given.

In addition to revoking the investigation conducted by the Federal Police in Bahia, Fux determined the case to the STF.

The imbroglio concerns an inquiry opened by the PF in September 2024 to investigate the landing of a residential helicopter in the city of Vitória da Conquista, Bahia. The aircraft belongs to a company that has the parliamentarian in its corporate board.

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Elmar’s defense claimed that the indictment could not have been carried out by the PF without the consent of the Court – since he is a federal parliamentary and has a forum by prerogative of function in the court. Among the arguments, he pointed out that there was “usurpation of competence” and was carrying out his activities as a parliamentary when the facts investigated by the police occurred.

Fux understood that the deputy was right and, therefore, suspended the progress of the investigation.

“It is verified that the defendant authority determined the establishment of inquiry, carried out investigations and promoted the indictment of federal parliamentary, by an unlawful act allegedly practiced contemporary to the exercise of functions. In view of this framework, I find the usurpation of jurisdiction of this Supreme Court, in order to fit the Supreme Court to verify the applicability of the original jurisdiction of the Court,” the minister wrote in this Monday.