Judge Rejects Arrest of Ex-Tax Auditor in R$1 Billion Bribery Case Over Unsent Letters

A judge in São Paulo has rejected a request from the state's Public Ministry to issue a new arrest warrant for a former tax auditor. The auditor, Artur Gomes da Silva Neto, confessed to masterminding a R$1 billion bribery scheme within the State Finance and Planning Secretariat.

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We will nullify everything.

The prosecution had argued for a new arrest, citing the discovery of handwritten letters at the auditor's residence. These letters allegedly contained instructions for colleagues involved in the scheme, advising them not to trust the prosecutors investigating the case. The letters reportedly stated, "We will nullify everything."

However, Judge Thiago Baldani Gomes De Filippo of the 1st Tax Crimes Court of São Paulo ruled against the arrest. He reasoned that the letters, although written by the former auditor, were never sent to their intended recipients. Therefore, they did not violate the precautionary measures imposed on him, which included a prohibition on contacting other investigated individuals.

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The central point is the fact that there is no element indicating that the letters were delivered to the recipients.

Despite this decision, Artur Gomes da Silva Neto will remain in custody. He is already subject to another preventive custody order issued by the 2nd Tax Crimes Court. The prosecution had based its request on the discovery of three letters signed 'The King,' the auditor's known alias, which allegedly guided his associates on how to handle the ongoing investigations into the bribery scheme.

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Relatively speaking, the mere drafting of a letter, unaccompanied by acts tending to its sending, is equivalent to preparatory acts, which are generally not punishable by criminal law.