A 77-page report by the National Inspectorate of Justice, which contains the conclusions of the extraordinary rectification carried out in the place where the Lava Jato operation was born, in particular the 13th Federal Criminal Court of Curitiba, lists five criminal hypotheses involving the thesis of alleged “collusion” between former judge Sérgio Moro, former prosecutor Deltan Dallagnol and judge Gabriela Hardt. The objective of the alliance, according to the document, would be a “diversion” of approximately R$2.5 billion. The sum was intended for the coffers of the controversial Lava Jato foundation, which never took off.
Minister Luís Felipe Salomão, national inspector of justice, in describing the main suspicions that fall on the exponents of Lava Jato, raises the classification of Moro, Deltan and Hardt as embezzlement.
Salomão decreed the removal of Gabriela Hardt from her duties at the Federal Court of Paraná, with a monocratic decision. This Tuesday the 16th, by majority, the Council canceled the provision.
The Department of Internal Affairs describes that, between 2016 and 2019, Moro, Hardt and Deltan allegedly promoted diversions “through a series of acts of commission and omission”. To illustrate the document distributed to all CNJ advisors judging Lava Jato and her characters, the Department of Internal Affairs produced a graph showing the ‘flow of events’ described in the criminal hypothesis.
According to the Department of Internal Affairs, the flowchart reflects how Moro, Deltan and Hardt would act to ensure that the amounts from the cooperation and leniency agreement were transferred to Petrobrás, so that the state company could pay a fine accordingly in the United States. Part of this money would be repatriated and directed to a private foundation.
Salomão summed up the dynamic with a heavy accusation against the Lava Jato cadres: “The idea of fighting corruption has turned into a sort of ‘cash back’ for private interests.”
This statement by the magistrate is included in his decision which led to Hardt’s dismissal.
At the center of the suspicion of alleged collusion to divert the fine from Petrobrás, the Department of Internal Affairs claims that Moro, then judge of the 13th Federal Criminal Court of Curitiba, “was responsible for having voluntarily initiated the confidential process to allow the undisputed transfer of values’ for Petrobrás. Moro replies: “Simple fiction.”
At the time, according to the correction agency, the suspects were already aware of the American investigations into the oil company and had the intention of “fostering the targeted identification” of part of the fine that would be applied to the “victim” company of the crimes that Lava Jato uncovered – corruption, money laundering and the cartel of construction giants, in the period between 2003 and 2014.
Judge Gabriela Hardt was cited for having approved, in 2019, the agreement which provided for the transfer of resources to the Lava Jato foundation, an initiative that ended up blocked by the Federal Supreme Court. The accusation was what weighed most in the decree of removal of the magistrate, a monocratic act of Salomão overturned by the CNJ.
Regarding the conduct of Deltan – whose actions do not fall within the target of the CNJ, since the body exclusively analyzes the conduct of magistrates – the Department of Internal Affairs underlines “very concrete interests in the direction of values” for the private foundation.
According to the organization, the objectives of the Lava Jato foundation were already indicative of “actions focused on personal protagonism, which favored “individual projection, even in the political field”.
“The personality of all this commitment then materialized with the migration of the then judge Sérgio Moro and the then prosecutor Deltan Dallagnol to party activity”, underlines the report.
Other criminal hypotheses and intentions of the officers
According to the Department of the Interior, the embezzlement-misappropriation hypothesis is the main one. The remaining expositions deal with other conduct necessary for “the destination of resources and the subsequent attempt to direct them towards private interests to be possible”.
The document explains that these other hypotheses indicate situations that can be analyzed separately, if the ‘specific intention to divert resources’ is not taken into account. Due to the lack of information on the alleged intentions of the officers involved, the conduct could be classified under other criminal typologies, and is therefore listed separately in the document guiding the Lava Jato trial.
The Department of Internal Affairs has explored the results of the inspection carried out by Luís Felipe Salomão at the 13th Federal Criminal Court of Curitiba and at the headquarters of the Federal Regional Court of the 4th Region – Court of Appeal of Lava Jato, located in Porto Alegre . The report highlights situations that may be further investigated in a possible criminal investigation.
According to the Department of the Interior, in some episodes, the investigation did not identify the “volitional element” that led the people involved to carry out certain acts. In other words, the corrections failed to verify the suspects’ ‘awareness’ of the concomitance of practices for a specific purpose: the ‘diversion attempt itself’.
Each topic lists the information that could corroborate the criminal hypothesis and its context. On the other hand, details that contradict the guidance developed in the investigation, as well as “gaps”, also come to light.
The Department of Internal Affairs defends the importance of investigating the level of commitment and fraud of each of the suspects in the “identified movement of (re)directing the money delivered to Petrobras, intended for the Brazilian State, for private purposes”.
WITH THE WORD, GABRIELA HARDT
The judge had no comment. For her, the federal judges published posters condemning the order of Minister Luís Felipe Salomão which removed her from her activities, a provision revoked by the majority of the National Council of Justice.
WITH THE WORD, FORMER JUDGE SÉRGIO MORO
In a note released on Tuesday 16th, the former judge and now senator Sérgio Moro reacted with irony to the report by minister Luís Felipe Salomão. “Pure fiction.” He claims that “not a cent was stolen”.
The objective data described in the provisional report of the Internal Affairs Department of the CNJ – still awaiting approval – is that around R$ 2, around R$ 2.2 billion, without a single cent having been written off. The same procedure was adopted at the time by the STF.
Judge Sergio Moro left the Court 13 in October 2018, before the creation of the foundation that was believed to be the beneficiary of the amounts resulting from the agreement between Petrobras and the North American authorities, and never participated in the discussion or consultation on the matter. The hypothesis that he was involved in this matter, without going into the merits, has no support in fact or evidence, being mere fiction.
WITH THE WORD, DELTAN DALLAGNOL
On social media, the former prosecutor criticized Salomão’s decisions and the Internal Affairs report on the correction in Lava Jato’s hometown. “Min. Salomão said that there were “chaotic management” and “deviations” at Lava Jato, but after years of investigations, he “blames” Lava Jato due to the agreement with Petrobras stipulated in January 2019, validated by 8 different legal and legitimate public bodies want to rewrite history,” he wrote.
Source: Terra
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