Deputy Federal Prosecutor Lucas Rocha Furtado has asked the Federal Court of Auditors to cancel the sanctions imposed on companies convicted in the Operation Lava Jato trials that used evidence from the Odebrecht leniency agreement – annulled by decision of Minister Dias Toffoli, of the Supreme Court federal.
The deputy who collaborates with the Court of Auditors wants declarations of unsuitability to submit offers to the public administration to be annulled, “out of compliance with the correct legal process and to avoid legal uncertainty deriving from the application of sanctions based on derivative processes of annulled judicial documents by the competent authorities.
The decision follows the decision in which Dias Toffoli annulled all evidence and elements obtained from Odebrecht’s leniency agreement. As Estadão demonstrated, the ordinance could lead to a “cascade effect”, with consequences that must be analyzed on a case-by-case basis.
In the two-page document, Lucas Rocha Furtado claims that Operation Lava Jato “damaged the country’s heavy civil construction industry and created a scorched earth climate in Brazil.”
“With the aim of repairing this historical mistake and with the aim of rehabilitating the heavy civil construction companies that had decisions to disqualify them from participation in public procurement, as well as to calculate the damage caused to the public treasury by Operation Lava Jato and to charge the agents responsible for the operation with debt caused to the Union, that is why I present this representation”, he indicated.
The deputy attorney general did not address any precautionary requests – the most urgent measure – to the TCU. The idea is that the Court analyzes and discusses the possible reorganization of companies on a case-by-case basis.
In its assessment, in compliance with the STF’s decision, the Court of Auditors will have to adopt measures aimed at “requesting compensation for all damages caused by the agents involved in the Lava Jato operation, as well as reorganizing the companies declared unsuitable based on annulled decisions by the Court of Auditors”. recent decision of the STF and in other previous decisions of the Supreme Court itself and of the lower instances of the Judiciary.
Source: Terra
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