STF analyzes former president's appeal against conviction for crimes involving BR Distribuidora
Minister Alexandre de Moraes, of the STF (Supreme Federal Court), voted to maintain the conviction of former president Fernando Collor de Mello to 8 years and 10 months in prison for crimes involving BR Distribuidora.
This Friday (Feb 9, 2024) the Court analyzes the petition sent by the former president against the sentence established by the Court in May 2023.
The former president's defense asks that the sentence be reduced to 4 years due to problems in counting and prescribing crimes. Lawyers also claim that there was “omissions and contradictions” in the dosimetry of the sentence applied to Collor.
According to Moraes, the lawyers seek to re-discuss points already addressed by the Court in the trial.
“As can be seen, all the issues raised by the plaintiffs were duly addressed by the contested ruling. The plaintiffs seek, in fact, to re-discuss points already decided by the Supreme Court in the judgment of this criminal action, invoking grounds that, under the pretext of seeking to remedy omissions, obscurities or contradictions, reveal mere non-compliance with the adopted conclusion”, says an excerpt from the vote. Here's the complete (PDF – 246 kB).
The trial continues until February 20th in the Court’s virtual plenary session. In this modality, ministers cast their votes online and there is no discussion.
The resource analyzed is the so-called “declaration embargoes”. It allows the defendant to clarify any contradiction or omission in the decision. If accepted, the STF will be able to judge the case again. Otherwise, the conviction remains valid.
In addition to Collor, 2 other defendants were convicted: Pedro Paulo Bergamaschi de Leoni Ramos, a private operator and friend of Collor, and Luis Pereira Duarte de Amorim, financial director of the former senator's companies. Read the feathers:
- Fernando Collor – 4 years and 4 months in prison + payment of a 45-day fine for the crime of passive corruption; 4 years and 6 months + 45 days fine for money laundering. Total: 8 years and 10 months in prison and payment of a 90-day fine;
- Pedro Paulo Bergamaschi – 4 years and 1 month + 30 days fine for passive corruption;
- Luis Amorim – 3 years + payment of 10 days fine for the crime of money laundering.
The Court considered that the crime of criminal association was time-barred and, therefore, did not determine the imposition of a penalty.
The STF also ordered the 3 defendants to pay compensation for collective moral damages in the amount of R$20 million. The former senator will also be prohibited from holding public office.
Even with the conviction and definition of the sentence, Collor was not arrested immediately. He will only be arrested after exhausting all appeals in Court.
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