Minister annulled evidence of Odebrecht’s leniency agreement; ANPR says the agreement resulted from “valid negotiation” and praised the MPF’s role in the Lava Jato operation
The ANPR (National Association of Public Prosecutors) stated that it will appeal the decision of Minister Dias Toffoli, of the STF (Federal Supreme Court), who annulled all evidence of the leniency agreement of the contractor Odebrecht (today Novonor), which was used in accusations and convictions resulting from the Lava Jato operation.
On Wednesday (September 6, 2023), the association released a note refuting the arguments used by the magistrate to annul the evidence and stated that the agreement signed between the MPF (Federal Public Ministry) and Odebrecht resulted from a “valid trade”. Here’s the full (194kB).
ANPR says that the debate on the Lava Jato operation must be guided with “technical, objective analysis that preserves the institutions and does not surrender to the polarization and rhetoric environment that prevents the understanding of reality”.
In the decision, Toffoli stated that the arrest of the president Luiz Inacio Lula da Silva (EN) was a “frame” It is “one of the biggest miscarriages of justice in the history of the country”. The minister also indicated “psychological torture” to get evidence. read here the full text (PDF – 803 kB).
“They used, as I said in the judgment of the Second Panel, true psychological torture, A 21st CENTURY MACROWICK, to obtain ‘evidence’ against innocent people“.
In response, the ANPR said that the allegation is unreasonable without submission of “any minimum element” that proves the practice of torture against public agents.
“It is necessary to respect the work of dozens of members of the Federal Public Ministry who acted in the leniency agreement signed with the company Odebrecht, magistrates from different instances, federal police, public agents of the CGU and Federal Revenue, among others who acted in strict exercise of its functional attributions, with concrete financial results, reverted to the public coffers”says an excerpt from the note released by the association.
In addition to the annulment of the evidence, Toffoli determined that the 13th Federal Court of Curitiba and the MPF (Federal Public Ministry) of Paraná share with the president’s defense the full content of all content obtained in the Odebrecht leniency agreement.
He further determined that the PGR (Attorney-General of the Republic), the AGU (Advocacy-General of the Union), the CNJ (National Council of Justice), the CNMP (National Council of the Public Prosecutor’s Office) and the Federal Revenue Service be notified to inform which bodies participated and that they take steps to determine the responsibilities involved in these agreements.
The process began in 2020, under the rapporteurship of Minister Ricardo Lewandowski, who retired on April 11, 2023, and the case was inherited by Dias Toffoli. One of Lula’s lawyers presented in the text is Valeska Zanin, wife of Minister Cristiano Zanin, nominated by the PT candidate for Lewandowski’s vacancy.
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