While the main name of Lava Jato, former judge Sérgio Moro (Podemos), uses the operation’s legacy as a banner to present himself as a pre-candidate for the presidency, decisions made by him and other magistrates within the scope of the operation and other actions of The fight against corruption has been revoked since the Federal Supreme Court (STF) found the 13th Federal Criminal Court of Curitiba incompetent, and pointed out the former minister’s partiality in trying the cases of former president Luiz Inácio Lula da Silva (PT ).
A survey by the newspaper O Estado de S. Paulo shows that sentences totaling 277 years and 9 months in prison were overturned by the courts. Of this total, 78 years and 8 months were penalties for political agents.
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The survey shows that 14 cases had their investigations and processes annulled in 2021 by higher courts. In all, 221 years and 11 months of convictions directly linked to Car Wash were canceled for irregularities. The cancellations also affected other operations, such as Greenfield.
Last week, the Federal Public Ministry (MPF) recognized the statute of limitations in the Guarujá triplex case, manifesting itself to the Federal Court of Brasília for the filing of the most emblematic action by Lava Jato, which resulted in Lula’s conviction and imprisonment.
Former prosecutor Deltan Dallagnol reacted. Newly affiliated to Podemos, he compared the decisions to the action of the referee who wants to “change the rules and nullify the goals” after the match. “The fight against corruption is a fight of Brazilian society and needs to be won from the bottom up.”
And it was from above, from the higher courts, that the main blows against the work of Moro and Dallagnol came.
The courts saw political persecution, partiality and incompetence of the judge, in addition to abuses by the investigative bodies, in basing their decisions in favor of the defenses of politicians accused of wrongdoing.
Wedge
Last week, the court decisions benefited emedebistas. On Tuesday, the Federal Regional Court of the 1st Region (TRF-1) overturned the process that sentenced former Chamber Speaker Eduardo Cunha to 24 years in prison for the crimes of corruption, money laundering and breach of confidentiality .
In the same action, another former president of the House, Henrique Eduardo Alves (MDB-RN), had been sentenced to 8 years in prison for corruption and laundering. The two emedebistas were accused of integrating a fraud scheme in the FI-FGTS investment fund.
Unanimously, the judges accepted the argument of the defenses that the competence to judge the case did not lie with the Federal Court, but with the Electoral Court in Rio Grande do Norte, where the case was sent.
With the same argument, Cunha also managed to overturn another sentence, to 14 years and 6 months in prison, in the Lava Jato in Curitiba, for the alleged receipt in foreign accounts of kickbacks of 1.3 million Swiss francs for Petrobras contracts .
The case also ended up in the Electoral Court, by decision of the Second Panel of the STF. Cunha still has among his disputes with the Court a 15-year and 11-month sentence for corruption for receiving R$ 10 million in bribes in Petrobras contracts.
Last Wednesday, it was former governor Sergio Cabral’s (MDB) turn to obtain a decision in the Second Panel of the STF that made judge Marcelo Bretas incompetent to judge Operation Exposed Invoice, which had led to the condemnation of the journalist to 14 years and 7 months in prison for corruption in the area of Health in Rio.
The consequence of the decision was the annulment of the case process, which will have to be tried again. Former governor Cabral, however, accumulates more than 400 years in sentences in other processes of Lava Jato.
squid
Lava Jato’s biggest setback came at the STF, which declared Moro’s suspicion and incompetence to judge Lula’s cases. The PT had been sentenced by the STJ to 8 years and 10 months in prison in the triplex process and 17 years by the TRF-4 due to the Atibaia site.
The MPF even filed a new complaint about the site, but it was rejected by judge Pollyana Kelly, of the 12th Federal Court of the Federal District, who stated that the evidence could not be reused, as it had been invalidated by the STF. With that, what remained was the action in which Lula is accused of influence peddling and money laundering in the purchase of Swedish fighter jets.
There is also a remaining case of Lava Jato, in which he is accused of receiving R$ 12 million from Odebrecht in the form of land destined for the Lula Institute. The process was annulled and sent to Brasília, where there was a new complaint, but the case was suspended by the STF.
Another former president who benefited from the annulment of investigations due to procedural issues was Michel Temer (MDB). The emedebist was accused of corruption in the construction works of the Angra III Power Plant. Two lawsuits were being processed in São Paulo and in Rio.
Both were annulled by Minister Alexandre de Moraes, of the STF, who sent them to the Federal District, due to a possible connection with the process of the “MDB squad” – for which Temer was acquitted in the same Court that will judge these two actions.
Another emblematic case of annulments before the judgment on the merits was that of the crack, which found deviations of R$ 6 million in salaries of senator Flávio Bolsonaro (PL-RJ) servants in the Legislative Assembly of Rio. The resources would have been operated by the then advisor Fabricio Queiroz. The STF annulled the Coaf report that based the first suspicions against Queiroz and Flávio.
STF minister Gilmar Mendes, on the other hand, decided to block an action by the MPF, in São Paulo, against senator José Serra (PSDB) for passive corruption and laundering in the amount of R$ 27.5 million from Odebrecht. For the minister, the case should have been processed in the Electoral Court, and not in a criminal court of the Federal Court.
Defenders say rulings corrected injustice against defendants
Supporters of politicians who had their actions overturned by the higher courts claim that the decisions redressed injustices.
Attorney Marcelo Leal, who defends Henrique Eduardo Alves, stated that he had said from the beginning that the Federal Court was incompetent to judge his client. “We celebrate the annulment sparingly because this is not a victory. Victory is to prove the innocence and all the injustice that has been practiced against Henrique.”
Criminalist Flávia Rahal and former Minister of the Federal Supreme Court (STF), Sepúlveda Pertence, who defend José Serra, stated that the decision that annulled the “illegal criminal action and all abusive measures carried out against the senator, under the scope of force -task of Lava Jato in São Paulo, reinforces the suitability of its procedure and corrects a great injustice”.
The lawyer Cristiano Zanin, who defends former president Luiz Inácio Lula da Sila, said that the action on the Swedish fighter jets is paralyzed until the courts analyze a lockdown request.
According to him, the process was based on evidence collected by the Lava Jato of Curitiba, which was annulled by the STF.
Zanin also points out that there are actions in which Lula was acquitted on the merits, such as the one in which he was accused of being part of a criminal organization for embezzlement and corruption in public entities. “Even the judge, when acquitting the former president, even recognizes a political motivation in bringing the action.”
As Flávio Bolsonaro’s lawyer, lawyer Frederick Wassef said that Coaf’s report against the senator was “commissioned absolutely illegally” and made “a debauchery in the life” of the congressman.
Sought out, the defenses of emedebistas Michel Temer and Eduardo Cunha did not manifest themselves.
The information is from the newspaper The State of São Paulo.
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