(THIS ARTICLE IS COURTESY OF BRAZIL’S 247 NEWS)
Lava Jato fears other sentences will be overturned, including Lula’s conviction
The unpublished decision by the Supreme Court to overturn the sentence of former judge Sergio Moro who condemned former Petrobras president Aldemir Bendine caused panic to prosecutors of Operation Lava Jato. They say they view the measure with “immense concern” and fear that other convictions of the Operation, including Lula’s conviction, could also be overturned by the country’s Supreme Court.
247 – The unpublished decision of the Supreme Court to overturn the sentence of former judge Sergio Moro who condemned former Petrobras president Aldemir Bendine caused panic to prosecutors of Operation Lava Jato.
They say they view the measure with ‘grave concern’ and fear that other unjust condemnations made under the Operation would also be overturned by the country’s Supreme Court.
In a report by journalist Felipe Bächtold , Folha de S.Paulo reports that the Lava Jato task force in Parana issued a statement saying “immense concern” with the decision of the Supreme Court.
In the note, prosecutors state that precedent paves the way for overturning most convictions already issued in the operation.
The decision of the Second Class of the Supreme Court to overturn the conviction of former Petrobras President Aldemir Bendine was based on the argument that the defenses presented their final allegations within the same time frame, without distinguishing between whistle blowers and accused. “If the understanding is applied in the other cases of the Lava Jato operation, it could nullify practically all convictions, with the consequent prescription of several crimes and release of arrested defendants,” says the text released by prosecutors in Paraná.
For now, the ruling of the Second Class holds only for Bendine’s sentence.
Setting the same deadlines for whistle blowers and whistle blowers was a constant throughout the Lava Jato.
In another case in Curitiba that already had a sentence in the lower court, that of the Atibaia (SP) site frequented by former President Lula, the presentation of the final allegations also occurred in this way, which has now been questioned.
In November of last year, Judge Gabriela Hardt set a “ten days for the defenses” to present these demonstrations, without distinguishing between whistle blowers and whistle blowers.
The former president’s defense said he had seen similarities between Bendine’s case and Lula’s.