Ex-deputy was accused of trying to obstruct MPF investigations
Former president of the Chamber of Deputies Eduardo Cunha was acquitted of the charge of attempting to obstruct investigations by the MPF (Federal Public Ministry). The decision is by the judge Ney Bello and was confirmed by the 3rd Panel of the TRF-1. Here are the full text of the decisions Ney Bello (51 KB) and the 3rd Class (40 KB).
The case became known as “MDB Quadrillion” and came under investigation after a recording was leaked in which the then president Michel Temer (MDB) said the phrase “Gotta keep it, see?” to businessman Joesley Batista.
The phrase was said after Batista mentioned having a good relationship with Cunha. The audio raised suspicions that the former deputy was being paid not to sign a plea bargain.
In May 2021, Judge Marcus Vinícius Reis Bastos, of the 12th Federal Court of the Federal District, acquitted Cunha and MDB leaders of the charge of being part of a criminal organization.
Temer was acquitted of the charge of trying to obstruct investigations by the MPF in 2019. Cunha’s defense filed a request for an extension of the acquittal to the former deputy.
In the vote in favor of the request, judge Ney Bello declared that “with regard to Eduardo Cunha, the same evidence, which proved to be fragile and insufficient to determine the continuation of the criminal prosecution against Michel Temer, also constitutes an essential basis for recognizing the impossibility of continuing the investigations against the applicant, due to the absence of evidence criminal materiality minimums”.
According to the judge, there is no doubt “that they are procedural facts that have the same origin, and circumstances that communicate, as they are related to the same dialogue that took place between Joesley Batista and Michel Temer”.
In a note, the defense of the former deputy said to celebrate the acquittal “in yet another process that was born of an absurd accusation and without any just cause”.
Read the full text of Eduardo Cunha’s defense note:
“On 06/21/2022, the 3rd Panel of the TRF1 granted the request to extend the effects of Michel Temer’s acquittal in a proceeding originating from Operation Patmos (precautionary action 4325/STF, Rapporteur Min. Fachin) for Eduardo Cunha, who was being investigated for the same facts in IPL No. 0048679-55.2017.4.01.3400 in progress at the 12th Federal Court of Brasília/DF.
“The Operation investigated a supposed embarrassment to the investigations of the ‘Quadrilhão do PMDB’ based on the famous dialogue recorded by Joesley Batista in a conversation with Temer, where the second allegedly stated ‘you have to keep it there’, in a fanciful reference created by former PGR Janot on monthly payments to Eduardo Cunha, so that he would not sign a plea bargain.
“At the start of the Operation (05/17/2017), Min. Fachin even ordered the preventive detention of Eduardo Cunha, who was preventively detained for this process until 11/13/2018, the arrest having been revoked by Judge Ney Bello.
“The defense of Eduardo Cunha, in charge of the Aury Lopes Jr. and Délio Lins e Silva, celebrates his acquittal in yet another process that was born of an absurd accusation and without any just cause. Even with a preventive arrest decreed and that lasted for more than 1 year. Fortunately, this serious injustice was corrected by the correct decision rendered by the TRF1.”
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