The majority of ministers decided to change the case law to divide the calculation of the R$412 million debt proportionally to each person’s guilt
THE TCU (Federal Court of Auditors) identified that there was overpricing and payment of bribes in works for the construction of pipelines at Rnest (Abreu e Lima Refinery), in Ipojuca (PE). The court sentenced former managers of the Petrobras and contractors to reimburse losses to public coffers due to irregularities in contracts.
The process voted on this Wednesday (September 4, 2024) is an offshoot of Operation Lava Jato. It has been dragging on in the Court of Auditors since 2016. It found irregularities such as an overpricing of R$412 million in historical values, which amounts to around R$650 million with monetary correction.
According to the Court, this extra amount was collected from labor, equipment and subcontractors for the Abreu e Lima works, benefiting the construction companies involved. The payment of bribes totaling R$18 million was also proven in the case, with R$6 million going to public officials linked to Petrobras’ leadership at the time.
The vote was marked by an innovation by the TCU. The plenary decided to change its case law in the way compensation for the R$412 million damage was calculated. The debt was normally divided among all individuals and legal entities in a joint and equal manner.
The rapporteur of the case, Minister Benjamin Zymler, proposed that collective compensation be made proportionally. He argued that the model is fairer, since most individuals have less financial means to pay million-dollar fines than individuals.
The understanding was followed by the majority of the ministers, with the only dissenting opinion being from Minister Walton Alencar Rodrigues. Therefore, the sentences for joint and several compensation will differ depending on the degree of guilt of each person involved. The financial situation of each person was also taken into account.
Walton and the attorney general of the MPTCU (Public Prosecutor’s Office at the TCU), Cristina Machado, positioned themselves against the innovation. They stated that it will lead to several appeals to review old convictions and that the understanding of the degree of guilt and financial situation of each person is a subjective judgment.
With the new case law established, former managers of Petrobras and the construction companies involved, in addition to the companies themselves, were jointly and severally sentenced to pay R$412 million in compensation.
#TCU #identifies #overpricing #bribery #Abreu #Lima #project
