The apparent last phase of Operation Last Mile did not directly target Congressman Alexandre Ramagem (PL) – former head of the Brazilian Intelligence Agency (Abin) and pre-candidate for mayor of Rio -, but the investigation ended the siege on the ally of former president Jair Bolsonaro (PL). The Federal Police (PF) says that Abin’s parallel actions were “the scope of the matter” of Ramagem.
Ramagem denies that authorities were monitored by the agency during the Bolsonaro government and classified the PF operation as a “mound”.
The expression used by the PF to refer to Ramagem is linked to a legal theory used several times during the Mensalão trial. It was cited by the then Attorney General of the Republic, Roberto Gurgel, to support the conviction of former Minister of Civil Housing José Dirceu. The thesis was later invoked in Operation Lava Jato.
The thesis was developed by German jurist Claus Roxin, cited during the Mensalão trial at the Federal Supreme Court in 2012. He understood that the occupants of an “organized power apparatus” that ordered the execution of crimes should be held accountable as “executors” of the crime. He admitted that he developed the thesis because of concern for the possible impunity of high-ranking Nazis.
According to former STF Minister Ricardo Lewandowski (now Minister of Justice), the theory of de facto law was developed “when the aim was to punish crimes committed by the hierarchs of the Nazi regime, that is, to punish those who were in the rearguard, those who did not pull the trigger directly on innocent victims.”
The theory, imported from Germany, used in Mensalão and Operation Lava Jato – scandals that occurred during the Lula government – is now being applied to one of Jair Bolsonaro’s allies.
President
Investigators attribute to Ramagem the “mastery of the facts”, that is, he was aware of the actions of the parallel Abin. The PF raised this suspicion after finding two documents in the possession of the former director of the Agency, called “President” and “President 2”?. They were reproduced in the representation of the 4th phase of the Last Mile, for “the essentiality of the evidentiary importance”.
The files were found after Ramagem was raided as part of Operation Close Surveillance in January. At the time, Ramagem denied wrongdoing, saying the investigation was a “salad of narratives” and that the PF wanted to incriminate him.
The company says the documents confirm the investigative premise that information from the parallel Abin constituted the “political core” of the criminal organization. The text files contain the expressions “Good morning, President” and “Good afternoon, President.” Quote: “Bolsonaro family”; “Flávio,” in a possible reference to Senator Flávio Bolsonaro; the Marielle case; and the Queiroz case (rachadinhas).
In January, the PF had already pointed out that the Abin structure had also been used to produce information that would have helped the defense of Bolsonaro’s children in investigations, including that of Senator Flávio Bolsonaro and the investigation into the cracks. The senator denied having been favored.
The document contains instructions regarding the Queiroz case: “Legally challenge the accusation of embezzlement; destroy the theory of dominance that Flávio is the alleged mastermind of the plot.” In another passage, also addressed to the “president,” it is recorded: “In an attempt to help, some considerations on the accusations against Flávio.” “I do not have access to the documents or the defense strategy. This is just a way to try to help with knowledge,” the text reads.
The dossier also addresses which magistrates would be responsible for referring the case to the higher courts. “The 3rd Criminal Chamber must endure constant provocations regarding persecution, violation of equality and impersonality,” the text reads.
The PF claims that the documents indicate “clandestine actions to the advantage of the political core, including an indication of an attempt to direct the investigation with a political bias. This last indication is linked to the following sentence: “Apart from this, the PF must continue the activities of embezzlement of PSC election funds, money laundering in businesses and administrative and police corruption.”
Moraes vetoed the transfer of data to the agency
The Federal Police wanted to share the results of the parallel structure established at the Brazilian Intelligence Agency (Abin) with the agency’s Department of Internal Affairs, to support disciplinary investigations into those involved. The request was rejected by Minister Alexandre de Moraes, of the Federal Supreme Court, who considered that the measure would not be “appropriate” for the current stage of the investigation into “Abin Paralela”.
At this point Moraes followed the opinion of the Attorney General of the Republic Paulo Gonet, who spoke out against the request of the PF seeing in Abin an “apparent resistance” to the investigations on the offensive level using the structure of the body. For Gonet, the sharing could happen after the end of the investigations. He stressed that “the actions of the new management of Abin have been identified as indicating the intention to avoid a thorough investigation of the facts”.
This suspicion led the Comptroller General of the Union to take charge of a disciplinary proceeding initiated against Abin. The PF claims to have discovered an attempt to embarrass the investigation by analyzing the content of the administrative proceeding regarding alleged irregular behavior by two Abin employees in Congress.
The PF reports “indications of non-institutional contacts and actions that are outside the scope of the Institutional Relations Division, including the promise to deliver confidential documents and that have also involved parliamentarians, such as Senator Humberto Costa and Deputy José Guimarães, PT.” The document states that the current chief of staff of the general director of Abin, Luiz Carlos Nóbrega Nelson, “remained inert in the face of possible knowledge of the alleged misconduct of one of the employees of Congress.”
The Department of Internal Affairs said it did not inform “Coger of any suspicions against the actions of congressional employees for reasons – perhaps inadmissible – that are not known, since it is the legal duty of the authority to report any irregularities.” When contacted, Abin did not respond.
The information is from the newspaper The State of S. Paolo.
Source: Terra
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