Lava Jato review: find out who has already benefited from the decisions made by Minister Dias Toffoli

Among the beneficiaries of the decisions of Minister Dias Toffoli, of the Supreme Federal Tribunal (STF), there is the former governor of Paraná Beto Richa and construction companies

RIO – Minister Dias Toffoli, of the Federal Court (STF), responded to the request of Odebrecht (now Novonor) and suspended the payment of the installments of the construction company’s leniency agreement. It is the second clemency agreement suspended by Toffoli’s order. J&F had already benefited with a similar decision. Other defendants in Operation Lava Jato also benefited from the minister’s decisions, such as the former governor of Paraná, Beto Richa.

It is not Toffoli’s first decision to suspend a leniency agreement arising from Lava Jato. In December last year, the minister suspended the R$10.3 billion fine under the J&F Group settlement.

J&F has called for the suspension of “all pecuniary obligations” arising from the agreement reached with the Federal Public Prosecutor’s Office (MPF) while it analyzes documents from Operation Spoofing, which arrested the Lava Jato hackers.

Odebrecht followed the strategy and also requested access to the material. Part of the evidence of the contractor’s leniency agreement has already been quashed by retired STF minister Ricardo Lewandowski, based on Operation Spoofing messages. He took into account the trial which declared the suspicion of former judge Sérgio Moro and considered that there were “deficiencies” in the evidence. Initially, the decision only benefited President Luiz Inácio Lula da Silva, but Minister Dias Toffoli, who inherited the process, extended the effects to former Rio governor Sérgio Cabral.

Toffoli extended to Cabral the effects of the decision which deemed the evidence presented by Odebrecht in the clemency agreement reached in the Lava Jato operation null and void. Thus, the evidence obtained from the systems of the Structured Operations Sector – the contractor corruption machine – was declared “useless” in the action against the former governor, already sentenced to more than 400 years in prison.

Leniency agreements

As demonstrated by Estadaoother companies that have admitted corruption and pledged to pay billions of dollars to escape Lava Jato are considering appealing to the STF minister.

The movement is part of a rush to try to revise the clemency agreements. There have already been unsuccessful attempts to renegotiate the expected sanctions. The contractors argue that the values ​​have been arbitraged based on revenue that is no longer a reality in the large construction sector and that, despite efforts to honor commitments, the risk of default is imminent.

The companies saw the Spoofing operation as a possible loophole for the failure of the agreements. The investigation arrested the group responsible for hacking the mobile phones of members of the Lava Jato task force in Curitiba, including former prosecutor Deltan Dallagnol, who coordinated the working group, and Sérgio Moro, head of the 13th Federal Criminal Court of Curitiba, cradle of research. The hacked conversations are included as evidence in the investigation.

Other companies that have signed leniency agreements, such as UTC, Andrade Gutierrez and Camargo Corrêa, are also considering requesting access to Operation Spoofing records.

Beto Richa

Toffoli established in 2019 the “absolute nullity” of all the acts carried out by Lava Jato against the former governor of Paraná Beto Richa (PSDB), currently a federal deputy. The minister’s decision accepted the request of Richa’s defense who complained about procedural defects on the part of the prosecutors and Moro.

According to the substitute’s lawyers, and as understood by Toffoli, the prosecutors Deltan Dallagnol and Diogo Castor de Mattos would have acted in a “partial” way, as would Sérgio Moro.

Critic of Lava Jato

In the 135-page order in which the STF minister declared all evidence obtained from the Odebrecht clemency agreement useless, Toffoli stated that Lula’s arrest was one of the “biggest miscarriages of justice in the country’s history.” . The judge stated that the detention of the PT member was “a setup resulting from a power plan by some public agents with the aim of conquering the State”.

“I say this without fear of being wrong, it was the real snake’s egg of attacks on democracy and institutions that were already prefigured in the actions and voices of these agents against the institutions and the STF itself. This egg was hatched by the authorities who they abused their functions, acting in collusion to achieve specific institutions, authorities, companies and objectives”, highlighted Toffoli, appointed by Lula to the Supreme Court in 2009 and worked as a lawyer before being elevated to the highest court.

Eduardo Appio

Shortly after the decision in favor of Odebreacht, Toffoli signed a decision that suspended the progress of the administrative trial against magistrate Eduardo Appio, former head of the Lava Jato base court, and declared the Federal Regional Court trial null and void of the 4th Region (TRF-4) which decided to declare the judge’s suspicion and to annul all his decisions in operational trials.

Toffoli took advantage of the ordinance to criticize Lava Jato. According to the minister, Moro’s “partiality”, at the basis of the Lava Jato operation, “has exceeded all limits and certainly contaminates several other procedures”.

Toffoli took over the processes of Operation Spoofing

With the retirement of Minister Ricardo Lewandowski, who was part of the Second Panel of the STF, Toffoli inherited the processes of Operation Spoofing, which investigates the invasion of Moro’s cell phones and those of the Lava Jato authorities.

As a rule, the reporting of processes is passed on to the successor of the minister who leaves the presidency. With Lewandowski’s exit, Toffoli took over the Second Council and, consequently, the trials.

Source: Terra

Rose

Rose James is a Gossipify movie and series reviewer known for her in-depth analysis and unique perspective on the latest releases. With a background in film studies, she provides engaging and informative reviews, and keeps readers up to date with industry trends and emerging talents.