09/02/2024 – 22:06
The minister of the Federal Supreme Court (STF) Dias Toffoli informed this Friday, 9th, through the Court's website, that his decision to cancel the payment of fines imposed on Novonor (formerly Odebrecht) and J&F does not extend to the agreements signed by these companies with the Comptroller General of the Union (CGU) and the Attorney General of the Union (AGU). The measure, according to him, is restricted to the organizations' agreement with the Federal Public Ministry (MPF), within the scope of Operation Lava Jato, which had a penalty of R$8.5 billion, which was agreed in December 2016.
Furthermore, Toffoli determined a period of 60 days for the parties to file a new statement in the process so that a new decision can be issued on maintaining the measure suspending payment of fines.
On Thursday, the 1st, the magistrate responded to a request from Novonor and suspended payment of the installments of the construction company's leniency agreement. In its defense, the company stated that it was a victim of “institutional blackmail” and that Operation Lava Jato used “inquisitorial procedural techniques”.
Demonstration by federal bodies
Before Minister Dias Toffoli's clarification, the Comptroller General of the Union (CGU) and the Attorney General of the Union (AGU) had already reached an understanding that the magistrate's decision to cancel the leniency agreement of the former Odebrecht (currently Novonor ) does not reach the agreement signed in July 2018 with the two federal institutions, which required the payment of R$2.7 billion, of which R$172 million, 6.33% of the total, was paid.
“There is no room for the extensive interpretation intended by the company, as it is not possible to extract from the decision the command to suspend the financial obligations assumed by the company in the agreement signed with the CGU and AGU”, states a CGU report issued this Tuesday , 6. “None of the illegalities used as a basis for the suspension of the agreement signed with the MPF are valid for the CGU and AGU, as there is no allegation or indication of collusion or pressure to conclude the agreement in this sphere.”
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