Judge Lizandro Garcia Gomes Filho, of the 1st electoral zone of Brasilia, rejected a complaint against the former executives of Queiroz Galvão and Iesa Oil and Gas, dismissing the proceeding of Operation Lava Jato on alleged crimes of formation of cartels, fraud of nature competitive bidding, active corruption, money laundering and criminal organization. In the midst of the same action, the sentence of the 13th Federal Court of Curitiba, based in Lava Jato, had imposed on the defendants more than 70 years of confinement in a cloistered regime.
The action went to the Electoral Justice of the Federal District after a decision by the Superior Court of Justice. Previously, the case was being processed in the 13th Federal Court in Curitiba, and in 2020 then court holder Luiz Antonio Bonat condemned the trial. At the time, Petrônio Braz Júnior, Othon Zanoid de Moraes Filho, André Gustavo de Farias Pereira, Valdir Lima Carreiro and Otto Garrido Sparenberg were convicted.
According to Lava Jato, the Attorney General denounced the group, saying that, between 2006 and 2013, Queiroz Galvão and Iesa were part of a cartel made up of 16 large engineering companies to defraud competitors in Petrobrás. The MPF accused the former executives of paying bribes, totaling more than R$150 million.
Amid the judicial back and forth involving jurisdiction to adjudicate the action, the Federal Supreme Court reversed the conviction, as well as all acts performed since the Lava Jato ruling in the case. The dispatches issued as a result of the investigations and even the complaint that had been filed by the federal prosecutor’s office were also cancelled.
Judge Lizandro Garcia Gomes Filho’s assessment was that the STF’s decision saw the “contamination of all measures” issued in the trial and therefore it would be impossible to ratify any order given in the case, given the need for all the proceedings of the investigation to redo.
The Electoral Prosecutor’s Office has even offered a new indictment on the case. Then asked for more time to change the order. For Lizandro Garcia Gomes Filho, such conduct reinforces the awareness that the prosecution is not “suitable”, as well as its “fragility”. The judge understood that the lawsuit was covered by the nullity decreed by the STF.
“Taking into account the particular peculiarities of the case, it appears evident that the trial path has reached its final point, in consideration of the prevailing decision of the Supreme Court, which fulminated the entire body of evidence included in the file and its procedural incidents, for effect of the nullity. For these reasons, I reject the complaint, as it is entirely vitiated by the vice of nullity, determining the dismissal of the present case”, he noted.
LAWYERS PIERPAOLO CRUZ BOTTINI AND ILANA MARTINS SPEAK, WHO DEFEND PETRONIO BRAZ JUNIOR
“All the evidence of the investigation was annulled by the STF, when this court recognized the incompetence of the sentence that led to its production. Therefore, there is no reason to bring a complaint based on that same material”
Source: Terra
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