Allied judge of the Bolsonaro clan releases aircraft suspected of mining operations

Federal second instance judge Maria do Carmo Cardoso, who is close to the Bolsonaro family, released resources and aircraft from a group suspected of working in illegal gold mining in the Yanomami indigenous land, the largest in Brazil.

The assets had been kidnapped by decision of the Federal Court in Roraima, based on investigations by the Federal Police and the MPF (Federal Public Ministry).

Businessmen who obtained a favorable decision from the magistrate are accused of being part of a criminal organization for the illegal exploitation of gold, environmental crimes and money laundering.

Three processes in progress at the Federal Court resulted in the seizure of assets, including nine aircraft, determined by a lower court judge.

An operation by Anac (National Civil Aviation Agency) and the PF on the premises of one of the investigated companies, on August 26, had already resulted in the apprehension of nine helicopters. The suspicion is that the aircraft provide logistical support for mining on Yanomami land.

The looting of gold in the region has exploded since the arrival of Jair Bolsonaro (PL) as President of the Republic. The president defends mining on indigenous lands and does not oppose illegal mining.

Indigenous associations estimate that 20,000 miners are on Yanomami land, with their permanence guaranteed by the owners of rafts, dredgers, “tatuzões” and aircraft.

Judge Maria do Carmo, who works at the TRF-1 (Federal Regional Court of the 1st Region), in Brasília, agreed with habeas corpus filed by the defense of businessman Rodrigo Martins de Mello and granted safe-conduct to him and a second investigated.

The safe-conduct would prevent the arrests of those investigated, which were requested in the course of the investigations, but ended up being denied by the Federal Court in Roraima. In the first instance, searches and seizures and seizures of goods and valuables were authorized.

Maria do Carmo, in the injunction granted on December 14, determined the release of 50% of the seized assets and assets, “so that [os investigados] can continue their financial activities”.

The judge is a friend of senator Flávio Bolsonaro (PL-RJ), the president’s 01 son, and was decisive in the nomination of Nunes Marques to the STF (Supreme Federal Court).

Called “Tia Carminha” by the Bolsonaro family, she acts as a kind of legal advisor to the family.

“The demonstration of the risk of serious damage or difficult repair was not evidenced, since the documental content demonstrates the legal and environmental authorizations necessary for the professional practice of mineral extraction and aviation in the region”, stated the judge in the decision that released assets to the investigated group.

Also according to the magistrate, “there are elements about possible illegality in the chain of evidence”.

The Federal Court in Roraima ordered the seizure of values, financial assets and property of the company Cataratas Poços Artesianos and Rodrigo Martins de Mello and Celso Rodrigo de Mello; the hijacking of three aircraft and the unavailability of another six; and the suspension of any economic and business activity carried out by the investigated.

In Rodrigo’s case, the blocking of values ​​should be R$3.3 million. From Celso, BRL 158.7 thousand.

On September 19, the leaf showed in a report that the Bolsonaro government paid R$ 75 million to companies that use helicopters suspected of guaranteeing logistics in illegal mines in indigenous lands in the Amazon.

The most significant portion of payments is from the Ministry of Health, for indigenous health purposes. Aircraft suspected of working in illegal mines also transport indigenous people and health professionals.

The Anac action in Boa Vista, which resulted in the apprehension of helicopters, took place on the premises of the Poços Artesianos Falls. Rodrigo was one of the partners at Cataratas and also one of the owners of Icaraí Turismo Táxi Aéreo.

Until September, Icaraí had received R$ 23.5 million from the Bolsonaro government. Cataratas received R$8.6 million until 2018, before the current administration.

The MPF pointed out, in detail, reasons for the TRF-1 judge not to grant the safe-conduct and the release of assets required by the defendants’ defense. The piece by the Regional Attorney of the Republic of the 1st Region was completed on December 13, one day before Maria do Carmo’s decision.

A criminal group acted in the air transport of supplies necessary for the extraction of gold in illegal mines in Roraima and even in the subsequent sale of the ore, according to the MPF. There was performance of oranges.

“The decision that granted the precautionary measures for the search and seizure of documents, the judicial kidnapping of helicopters and financial assets demonstrates, in a sufficiently concrete manner, the existence of expressive evidence to support the exceptional measure”, the MPF said to the TRF-1 .

Entrepreneurs and partners investigated made “large financial transactions”, from the exploitation of illegal gold in Roraima and money laundering, according to the indictment.

Attorney responsible for habeas corpus at TRF-1, Ana Paula de Souza Cruz states, in a statement, that Judge Maria do Carmo’s decision “enshrines the real sense of justice, because the conduct of investigations is taking place disproportionately by the authorities, and even illegal at times”.

The release of 50% of the values ​​seized and goods seized includes the aircraft, according to the lawyer. “However, so far, no aircraft have been released by the magistrate of the first instance. They are still being seized at the PF.”