No criminal charges will be filed against former senator Edward W. Brooke (R-Mass.) or his former wife, Remigia, in connection with $84,387.65 in fraudulent Medicaid payments to his mother-in-law, Brooke has been told.

However, Massachusetts Attorney General Francis X. Bellotti filed a civil suit against the estate of Teresa Ferrari-Scacco in Middlesex Superior Court her today to recover funds paid her from 1972 to 1977.

An investigation by Belotti's criminal division found "no direct evidence of wrongdoing by the senator," said Tom Kiley, the first assestant attorney general. "There was just no evidence that the senator in any way committed a crime."

Brooke, whose muddled finances were spotlighted during a bitter divorce at the height of his unsuccessful reelection drive last summer, and who administered his late mother-in-law's funds, has been cleared of welfare fraud by the state Bureau or Welfare Auditing and, more recently, by the Senate Ethics Committee.

Brrooke and his ex-wife were informed on March 16 by the attorney general's office here that no criminal indictments would be sought against him for welfare fraud.

"We could have proceeded criminally if we thought we had willful violation of the provisions of the medical assistance statute by Teresa Ferari-Scacco-by she is deceased," said Kiley.

Bellotti began investigating the welfare fraud charges after a Bureau of Welfare Auditing report released Aug. 22 charged Ferrari-Scacco had violated state and federal regulations which bar anyone with assets over $2,000 from receiving financial assistance.

Ferrari-Scacco had received a $100,000 insurance settlement in 1972 for an automobile accident which left her paralyzed.