The ex-minister’s sentence was reduced from 27 years and 4 months to 27 years and 1 month in an initially closed regime
The 5th Panel of the STJ (Superior Court of Justice) decided, on Tuesday (19.Apr.2022), to maintain the conviction of former minister José Dirceu and other defendants in Lava Jato action.
The decision confirms the monocratic opinion of the judge Leopoldo de Arruda Raposo, who pointed out illicit conduct by private companies –including the contractor Engevix–, political agents and civil servants.
In a previous decision, the TRF-4 (Federal Regional Court of the 4th Region) had already sentenced Dirceu to 27 years and 24 months in prison, initially in a closed regime, for the crimes of criminal association, active corruption and money laundering.
Arruda Raposo reduced the sentence of the former minister of Squid to 27 years and 1 month in prison, also in a closed regime. understood to be “the negative assessment of the circumstances of the money laundering crime”.
In the action by the MPF (Federal Public Ministry), Dirceu was accused of using his political influence to “appoint and retain people at Petrobras — receiving, in exchange, undue amounts on the contracts entered into between the state-owned company and Engevix”.
Dirceu’s defense had appealed to the initial decision, claiming, among other arguments, that there was “ineptitude of the complaint, for not having been described in detail the circumstances that occurred the crimes attributed to him”, explained the STJ in note.
“The defense also argued that the conviction in the ordinary instances was based on mere evidence, which would violate the principle of presumption of innocence.”, added the Court.
However, judge Jesuíno Rissato, who took over the rapporteurship of the regimental grievance after Arruda Raposo left the Court, stressed that “the complaint brought sufficient elements to support the accusations and provide the full exercise of the right of defense” by Dirceu.
Rissato also stated that the convictions in higher courts were made after an extensive analysis of evidence, including depositions and documents, such as invoices, banking operations and telephone data.
During the vote, the rapporteur mentioned that, according to documents in the process, the former minister would have received more than BRL 15 million in bribes and laundered more than BRL 10 million.
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