The Brazilian Supreme Federal Court (STF) approved on Thursday, by majority, a text that could overturn sentences of Operation Lava Jato and benefit the former President of the country, Luiz Inácio Lula da Silva, who is under arrest.
Six of the 11 Supreme Court judges voted in favor of the claim that the accused defendants (who were charged by another defendant who collaborated with the criminal investigation) must make their final allegations after the defendants (defendant who agreed to collaborate with the criminal investigation). ), thus imposing a defeat on the Lava Jato.
At Lava Jato, the largest anti-corruption operation in the country, a common deadline was usually open for all defendants.
Judges Alexandre de Moraes, Rosa Weber, Cármen Lúcia, Ricardo Lewandowski, Gilmar Mendes and Celso de Mello agreed with the text.
The magistrates Edson Fachin, Luís Roberto Barroso and Luiz Fux defended the joint deadline for the manifestation of all the defendants, without making distinctions.
Judge Marco Aurélio Mello was absent before the end of the session and did not vote.
However, the session was adjourned by STF President Dias Toffoli, who scheduled the conclusion of the trial next Wednesday. Toffoli also said he will vote with the majority, but will do so next week.
"Dias Toffoli proposed the postponement so that the plenary can discuss a thesis on the subject, in order to ensure legal certainty, as there are several processes under way in other instances of the (system) judiciary that may be affected by the decision of the Supreme. Toffoli He said, however, that he will follow the thesis that whistleblowers should speak after whistleblowers, "the Supreme Court said on its website.
The plenary will discuss the scope of this decision: whether it will apply to proceedings in which convictions have already been determined or will come into force only in future sentences.
In August, the Supreme Court decided to set aside the judgment of former Petrobras president and Banco do Brasil, Aldemir Bendine, because the former executive had to present his final allegations within the same timeframe as the whistleblowers, also defendants.
Bendine had been sentenced by former Lava Jato judge and current Justice Minister Sergio Moro to 11 years in prison for corruption and money laundering crimes for allegedly receiving three million reais (660,000 euros) in bribes. Odebrecht construction company.
The conviction was upheld by the Federal Regional Court of the 4th Region, which, however, reduced Bendine's sentence to seven years in prison.
The judges accepted the former executive's argument against a Moro procedural decision, which granted the same deadline for final allegations to both Bendine and his whistleblowers.
The former president of Banco do Brasil and state-owned Petrobras claimed that he was entitled to present his defense after the allegations of his whistleblowers.
Among those awaiting the final decision of the Supreme Court is former President Lula da Silva, arrested since April last year, serving a sentence of eight years and 10 months in prison, ratified in three different instances. The former head of state was sentenced in another case to eight years in prison, a ruling given only in a lower court, and faces a third case.
. (tagsToTranslate) News Journal (t) JN (t) World