Judge halts own ruling, higher court to decide MP-SP challenge

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Central do Timão

·13 December 2025

Judge halts own ruling, higher court to decide MP-SP challenge

By Daniel Keppler / Central do Timão Editorial Team

The legal action reviewing the complaint by the São Paulo Public Prosecutor's Office (MP-SP) against former Corinthians president Andrés Sanchez and former financial manager Roberto Gavioli for misuse of the club's corporate card had a new update this Friday (12th), when Judge Márcia Mayumi Okoda Oshiro, from the 2nd Court for Tax Crimes, Criminal Organizations, and Money Laundering, suspended the effects of her own decision, made the day before.

In the magistrate's initial ruling, part of the MP-SP's complaint was recognized, acknowledging only the elements of the misappropriation accusation, in addition to granting part of the precautionary measures requested against the former directors. However, prosecutor Cássio Conserino had filed a motion for the judge's recusal, which would prevent her from ruling on the case, a request that was not considered before the decision on the case was published.

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Photo: Agência Corinthians

It is worth remembering that Andrés and Gavioli were indicted by the MP-SP in October. The former president was accused of the crimes of misappropriation, money laundering, and falsification of tax documents, while the former financial manager was charged with the first two offenses. The accusations cover more than 200 expenses in 31 invoices, made between August 2018 and February 2021, and the request from the agency includes reimbursement to Corinthians' coffers of more than R$ 480,000 for material damages.

In the judge's new decision, the content of which was first reported by the UOL portal, the partial rejection of the MP-SP's complaint was suspended, although the precautionary measures (the freezing of the defendants' accounts and the prohibition on leaving Brazil without authorization) remain in effect. The case now goes to the Special Chamber of the São Paulo Court of Justice (TJ-SP), which will analyze the recusal request and decide whether she will remain in charge of the case or not.

Some arguments were used by the MP-SP to point to the magistrate as suspect: the existence of a personal relationship between her and Andrés' lawyer, Fernando José da Costa, stemming from their time together at the FAAP Law School; the judge's participation in the Special Criminal Court for Soccer (Jecrim); an alleged delay in reviewing the complaint; and an alleged irregular addition of documents to the case files.

In Friday's decision, the judge refuted the MP-SP's points, saying that her relationship with the former president's lawyer is “cordial and professional,” limited to the work environment; that her role in Jecrim does not represent a conflict of interest; that the time taken to review the complaint was compatible with the complexity of the court and the volume of petitions submitted by the parties; and that the addition of documents followed standard procedure and did not interfere with her analysis of the complaint.

She also criticized the timing of the recusal request, questioning why it was presented only now, after her decision was published, and not at the beginning of the proceedings, since the MP-SP's arguments are based on public information. Even so, she decided to suspend the effectiveness of her previous decision to avoid rework and possible annulments, should the TJ-SP remove her from the case.

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