Minister Edson Fachin of the Federal Court has voted for the Court to reject the complaint against federal deputy Gleisi Helena Hoffmann for alleged corruption and money laundering. The rapporteur of Operation Lava Jato at the Supreme Court argued that the evidence collected in the investigation is not sufficient to justify the initiation of criminal proceedings against the PT president.
The accusation will be analyzed in a virtual trial at the STF, which will end on the 20th. Minister Cristiano Zanin declared himself incapable of analyzing the case: the accusation initially affected President Luiz InĂ¡cio Lula da Silva, who Zanin represented during the car wash.
The allegations under consideration by the STF were brought to the Court in 2018, concerning the alleged payment, by Odebrecht, of R$64 million to PT members due to the increase of the credit line, via BNDES, to finance the export of goods and services between Brazil and Angola.
According to the Federal Public Prosecutor’s Office, of the overall amount, R$ 5 million was allocated to Gleisi’s campaign for the government of ParanĂ¡, in 2014. The Prosecutor’s Office underlined the actual receipt, through the slush fund 2, of 3 million of R$, through eight payments of R$500 thousand, between October and November 2014.
The accusation also targeted former minister Paulo Bernardo Silva, Gleisi’s former head of cabinet in the Senate Leones Dall’agnol and entrepreneur Marcelo Odebrecht. Fachin voted to free everyone from prosecution.
The rapporteur’s assessment is that the Prosecutor’s Office, despite having narrated that Paulo Bernardo and Gleisi had received sums in exchange for influence in bodies relevant to Odebrecht’s interests, did not narrate which tasks related to the office of the then Senate would have been the subject of negotiation with the contractor, nor what interests the business group was seeking with the alleged undue transfers to the parliamentarian.
“As far as one observes the description of the modus operandi and all the evidence in support of the thesis that Odebrecht had provided in Gleisi Hoffmann’s electoral reports, there is no evidence of the causal link capable of connecting the undue advantage requested or accepted at the public functions whose defective fulfillment is targeted by the outsider who negotiates them, which, as seen, is not permitted by the jurisprudence of the Federal Court”, observed the minister.
Fachin also underlined that it was the Attorney General’s Office itself that requested the rejection of the complaint presented. The minister observed how “there has been a substantial change in the legal conviction of the public prosecution regarding the criminal responsibility of the suspects, culminating in the withdrawal of the proposal for public prosecution”.
“After a careful analysis of the trial notebook, the understanding expressed here is in line with the ministerial conclusions, according to which the accusatory proposal lacks just cause, due to the lack of sufficient evidentiary support to prove the paternity and the existence of a crime”, considered Fachin.
Source: Terra

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