Brazil: Fachin denies appeal that could annul Lava Jato proceedings

(THIS ARTICLE IS COURTESY OF BRAZIL’S 247 NEWS)

 

Fachin denies appeal that could annul Lava Jato proceedings

Rapporteur of the case in the Federal Supreme Court, Minister Edson Fachin voted against the appeal dealing with the order of the defendants’ final allegations in a lawsuit and could affect one of former President Lula’s rulings. The session was concluded after Fachin’s vote

247 – Rapporteur of the case in the Supreme Court, Minister Edson Fachin voted against the appeal dealing with the order of the defendants’ final allegations in a case and may affect one of former President Lula’s rulings. The session was concluded after Fachin’s vote.

After the vote, which lasted three hours and took the whole session, the trial was suspended and the session adjourned. In the afternoon of tomorrow (26), the collegiate resumes the analysis of the case with the vote of the minister Alexandre de Moraes.

The trial discusses the order of submission of the final allegations by collaborating and non-collaborating defendants in criminal proceedings and has the power to overturn judgments of the Lava Jato operation, including that of former judge Sérgio Moro who has held in custody for over a year. former president Luiz Inácio Lula da Silva.

In his explanation, Fachin argued that one would be facing a debate that does not concern a question between prosecution and defense, but between defense and defense. “Would there be illegality or abuse of power by failing to comply with an express legal rule that does not exist?” 

“The procedural law differentiates the moments of the MP and the defense. It does not distinguish, however, the moment of participation between the defenses due to the possible collaborative posture on the part of one of the parties. prosecution, “he said.

“The order of submission of final allegations by prosecution and defense is to establish a minimum of balance of force. Parity of arms. But this logic does not transfer mechanically to the winning collaboration. Delation must be analyzed to see whether or not it is efficient,” concluded the minister.

Brazil: Lava Jato spares Odebrecht owners and executives to plead

(THIS ARTICLE IS COURTESY OF BRAZIL’S 247 NEWS AGENCY)

 

Lava Jato spares Odebrecht owners and executives to plead

The new chapter of Vaza Jato reveals that contractor Odebrecht’s owner Emilio was spared tougher measures, such as the obligation to relinquish control, so that prosecutors could strike award-winning deal deals with company executives. At another controversial point, the company was allowed to pay the fines of its award-winning whistle blowers.

Emilio Odebrecht to Leave Odebrecht Board Early
Emilio Odebrecht to Leave Odebrecht Board Early

247 – The new chapter of Vaza Jato, brought by journalists Ricardo Balthazar and Paula Bianchi, in a report published in Folha, reveals behind-the-scenes negotiations about Odebrecht’s award-winning accusation. “Prosecutors of Operation Lava Jato spared Odebrecht and its top executives from drastic measures contemplated during negotiations on the billion-dollar deal that ensured the company’s cooperation with investigations starting in 2016,” the report said.

“Investigators also discussed the possibility of preventing Odebrecht from paying whistle blowers’ lawyers and being liable for fines imposed on executives to prevent them from preserving their accumulated assets when they were involved in corruption at the company,” reporters note. According to them, the prosecutors set aside these measures as the negotiations progressed, so as not to derail the deal with Odebrecht, which was one of the largest business groups in the country and went into crisis when it was hit by the Lava Jato. “

In June 2016, Deltan and two other attorneys suggested to colleagues that the company be prevented from taking the fines. “Executives must afford it, in my opinion,” he said on Telegram. He proposed that the company be punished for terminating the deal if it paid executive penalties. However, the second option prevailed: the company paid the fines of its awarded whistle blowers.

Brazil: Senate goes to STF against Lava Jato and can isolate Barroso in supreme court

(THIS ARTICLE IS COURTESY OF THE BRAZILIAN NEWS AGENCY 247)

 

Senate goes to STF against Lava Jato and can isolate Barroso in supreme court

Senate President David Alcolumbre (DEM-AP) complained that the Lava Jato operation, authorized by Supreme Minister Luis Roberto Barroso, did not have the consent of the Attorney General’s Office (PGR), recalls journalist Esmael Morais . Barroso is friends with prosecutor Deltan Dallagnol, who is “hurt” by Vaza Jato reports

Senate President, Senator David Alcolumbre (DEM-AP), granted interview.
Senate President, Senator David Alcolumbre (DEM-AP), gives interview. \ R \ rPhoto: Marcos Brandà £  £ o / Federal Senate (Photo: Marcos Brandão / Federal Senate)

By Esmael Morais, in his blog – In Brasilia, k-juice will boil even more. Senate President David Alcolumbre (DEM-AP) has announced that he will go to the Supreme Court (STF) against intimidation of the House.

Alcolumbre referred to the action of the Federal Police, this Thursday (19), in the office of Senator Fernando Bezerra Coelho (MDB-PE), leader of the government.

The Senate president complained that the Lava Jato operation, authorized by Supreme Minister Luis Roberto Barroso, did not have the consent of the Attorney General’s Office (PGR).

Barroso is friends with prosecutor Deltan Dallagnol, the task force’s coordinator in Curitiba, who is “hurt” by Vaza Jato reports.

Davi Alcolumbre sees the PF operation as ‘serious’ and ‘drastic interference’ because the reasons alleged in the court ruling would be between 2012 and 2014, so there is no justification for the search and seizure that took place today in the Senate. That is, by the time lapse, it would have given Bezerra Coelho time to conceal supposed evidence more than a million times.

“The determination of search and seizure also has the potential to reach the executive branch, as it was also held in the parliamentary cabinet for the Senate Federal Government Leader,” says a statement issued by the Senate president.

Senator Bezerra, in turn, said he was the victim of political persecution of Minister Sergio Moro. According to the government leader, his position in defense of fundamental guarantees bothers the former Lava Jato judge.

Lava Jato repeats unreasonable accusations, says Lula’s defense about new complaint

(THIS ARTICLE IS COURTESY OF THE BRAZILIAN NEWS AGENCY 247)

 

Lava Jato repeats unreasonable accusations, says Lula’s defense about new complaint

Former president and his brother Frei Chico were denounced by the Lava Jato de Sao Paulo task force for continued passive corruption. According to MPF, Frei Chico received “allowance” from Odebrecht between 2003 and 2015 in exchange for benefits obtained by the company from the government. “Lula has never offered the Odebrech Group any ‘improper advantage package’, so much so that the complaint does not describe, much less prove any illegal act by the former president. their family members, “said his lawyer, Cristiano Zanin Martins

247 – Former President Lula’s defense called “new accusations” the new complaint made by the Lava Jato task force in Sao Paulo against the former president and his brother Frei Chico. Both were reported for the crime of continued passive corruption. 

According to the MPF, Frei Chico received “allowance” from Odebrecht from R $ 3 to R $ 5,000 between 2003 and 2015 as “part of a package of improper advantages offered to Lula, in exchange for the various benefits obtained by Odebrecht from the federal government”.

“Lula has never offered the Odebrech Group any ‘improper advantage package’, so much so that the complaint does not describe, much less prove any illegal act by the former president. [He] also never claimed any improper advantage for himself or any of relatives, “said Lula’s lawyer, Cristiano Zanin Martins.

Frei Chico’s defense, represented by attorney Antônio Funari, sees the complaint as “absurd” as it has been handed over to the MPF “abundant documentation” proving that Frei Chico worked for Odebrecht and that the case corresponds to a period even before Lula is president. In addition, he recalled that witnesses appointed by the defense were not heard in the process. “I am finding this complaint very strange. It makes no sense. We have delivered documents that clearly prove that Friar Chico was serving Odebrecht,” he told 247.

In a telephone conversation with 247, Friar Chico said that he never received an allowance, but rather worked as a consultant for Odebrecht. Lula’s brother also stressed that the defense witnesses appointed by him to speak in the process were never heard.

This weekend, new leaks from The Intercept website opened up the political plans of Operation Lava Jato, which in 2016 manipulated the episode version of Lula’s appointment as Minister of the House, preventing this from happening and strengthening the environment for the government. blow that took Dilma Rousseff out of power.

Read the full note issued by Lula’s defense:

The complaint filed today (09/09/2019) in São Paulo by prosecutors of the franchise “Lava Jato” against Lula repeats the same and unreasonable accusations already presented in other criminal proceedings against the former president, in particular, the criminal action No. 5063130 -17.2016.4.04.7000 (case of the property that was never intended for Instituto Lula), which is before the 13th. Federal Criminal Court of Curitiba and criminal action No. 1026137-89.2018.4.01.3400 / DF, which is pending before the 10th. Federal Criminal Court of Brasilia (Janus case).  

Lula has never offered the Odebrech Group any “package of improper advantages”, so much so that the complaint does not describe, much less proves any illegal act by the former president. Once again the prosecutor resorted to the subterfuge of the “undetermined act”, in a kind of wildcard used to multiply unreasonable accusations against Lula. 

The former president has also never claimed any improper advantage for himself or any of his family members. The complaint comes the next day of serious revelations by the newspaper Folha de S. Paulo of Lava Jato’s illegal action against Lula, showing the concealment of evidence of innocence and undue and illegal action aimed at breaking democracy in the country.   

The use of criminal proceedings and the repetition of the same and unreasonable accusations in different proceedings proves that Lula is a victim of “lawfare”, which consists in the abuse of laws and legal procedures to promote political persecution.

Cristiano Zanin Martins

Brazil: The Lava Jato Presidential Coup

(THIS ARTICLE IS COURTESY OF THE BRAZILIAN NEWS AGENCY 247)

 

Lava Jato omitted Lula’s dialogues to prevent his inauguration in the Civil House and overthrow Dilma

The new chapter of Vaza Jato reveals that police and prosecutors have omitted dialogues from former President Lula that prove that they never intended to shield themselves from Lava Jato investigations. Lula intended only to guarantee the governability of former president Dilma Rousseff. With the manipulation of the dialogues, which were leaked by Sergio Moro to Globo, the Lava Jato changed the history of Brazil, preventing the possession of Lula, overthrowing Dilma and allowing the rise of fascism represented by Jair Bolsonaro.

(Photo: Ricardo Stuckert)

247 – The dialogues held by former President Luiz Inacio Lula da Silva in 2016, when he could have been Minister of the Civil House, demonstrate that his intention was never to shield himself from the Lava Jato – a thesis used by Sergio Moro to leak the illegal staple. then president Dilma Rousseff for Globo. Lula intended only to ensure Dilma’s governance – which would be absolutely lawful and normal. However, such dialogues were omitted precisely because they contradicted Moro’s thesis to manipulate public opinion. By only partially disclosing the audios, the Lava Jato helped prevent Lula from taking office as minister, toppling President Dilma through fraudulent impeachment and allowing the rise of neo-fascism represented by Jair Bolsonaro. This is the new chapter of Vaza Jato.

“Conversations of former President Luiz Inacio Lula da Silva (PT) recorded by the Federal Police in 2016 and kept confidential ever since weaken the thesis used by today’s minister Sergio Moro to justify the most controversial decision he made as judge over Lava Jato “, points out the new report by Folha in partnership with Intercept. “Other intercepted police calls that day, kept under wraps by investigators, questioned the hypothesis adopted at the time by Moro, who left the judiciary to take over the Ministry of Justice under the Jair Bolsonaro (PSL) government.”

“The dialogues, which include talks by Lula with politicians, trade unionists and then Vice President Michel Temer (MDB), reveal that the petista told different interlocutors that day that he was reluctant to accept Dilma’s invitation to be minister and only accepted him. after pressure from allies, the former president mentioned the ongoing investigations only once to direct one of his lawyers to tell journalists to seek him out that the sole effect of the appointment would be to change his jurisdiction case, thanks to the guarantee of forum for ministers in the Supreme, “the report also points out. 

Moro’s illegal staple was released by Globo on March 16, 2016. Based on conversations released by the former judge, STF Minister Gilmar Mendes annulled Lula’s inauguration two days later, on March 18. As the political crisis deepened, the House approved the opening of the impeachment process in April and removed Dilma from office, the report recalls.

 

Brazil: Lava Jato fears other sentences will be overturned, including Lula’s

(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.

(Photo: Felipe L. Gonçalves / Brasil247 | STF)

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.

Brazil: Lava Jato was acting outside the law to obtain suspect tax data

(THIS ARTICLE IS COURTESY OF THE BRAZILIAN NEWS AGENCY 247)

 

Vaza Jato reveals that Lava Jato was acting outside the law to obtain suspect tax data

A clandestine police state was set up to investigate suspects in the Lava Jato led by Sergio Moro and Deltan Dallagnol. With the collaboration of tax auditor Roberto Leonel, current president of Coaf, tax secrets were broken without judicial authorization – especially from people close to former president Lula. This is what the new chapter of Vaza Jato shows.

247 – The new chapter of Vaza Jato reveals that Lava Jato was acting outside the law to obtain tax data from suspects. This has happened several times and has targeted people linked to the processes involving former President Lula, who has been held as a political prisoner for almost 500 days. “Prosecutors of the Lava Jato operation also used Telegram to informally obtain sensitive data from the IRS – that is, without any judicial control.

Task Force coordinator Deltan Dallagnol and his colleagues in Curitiba have repeatedly resorted to a senior informant within the IRS to lift citizens’ fiscal secrecy without the court having authorized the breach, ” reporters Leandro Demori and Paula reveal. Bianchi, on Intercept .

“To obtain the confidential data, the prosecutors turned to the tax auditor Roberto Leonel, who headed the intelligence area of ​​the IRS in Curitiba, where he worked. Leonel is now president of Coaf,” said the reporters. That is: one of the main allies Minister Sergio Moro was responsible for smuggling tax data from suspects.

Focus on former president Lula

In August 2015, hearing of news that a nephew of Lula had done business in Angola with the help of politician and Odebrecht, the first thing that happened to attorney Roberson Pozzobon was to call Leonel, according to the Intercept report. “I want to ask via Leonel not to get too much in the face, like fishing fisherman and pay lol,” he said in a message to Dallagnol in the group Chat FT MPF Curitiba 2.

“The following year, between January and March, the task force asked Leonel to gather information about a daughter-in-law from Lula and the caretaker from the Atibaia site,” the report said. Surroundings also included the solicitation, made by the prosecutors, for information on the heritage of the former owners of the site. At the same time, prosecutors also asked the auditor for information about purchases that former first lady Marisa Letícia and the couple’s security guards would have made. “

Brazil: Lula says Lava Jato was created to deliver Brazilian oil to the US

(THIS ARTICLE IS COURTESY OF THE BRAZILIAN NEWS AGENCY 247)

 

Lula says Lava Jato was created to deliver Brazilian oil to the US

“They created Lava Jato to deliver our oil, it’s a shame,” said the former president. When asked about progression of punishment by age, readings and good behavior, something that Lula is already entitled to, he said he will not ask. “I won’t ask because I want my innocence. I want to get out of here 100% innocent, ”he said.

From Carta Capital – Former President Lula, arrested in Curitiba for Operation Lava jet, granted, on Friday 16, an interview with journalist Bob Fernandes, which was aired by TV Educação da Bahia. Commenting on the recent episodes of Operation Lava Jato, the petista believes that the intention of the operation is to deliver Brazilian oil to the US. “They created Lava Jato to deliver our oil, it’s a shame,” emphasized the politician.

This is the first time a public television has interviewed the former president, who commented on the performance of Moro, Dallagnol and Bolsonaro. For Lula, the country is undergoing a destruction of character. What measures the quality of a nation is not the size of the territory, but the quality of life of the people. Meanwhile, the president is clowning all the time, this is unacceptable, ”said the petista.

When asked by the journalist about progression of punishment by age, readings and good behavior, something that Lula is already entitled to, he said he will not ask. “I won’t ask because I want my innocence. I want to get out of here 100% innocent, ”he said.

Brazil: Federation of Ceará confirms $ 30,000 Dallagnol fee, more walk in Beach Park

(THIS ARTICLE IS COURTESY OF BRAZIL’S 247 NEWS)

 

Federation of Ceará confirms $ 30,000 Dallagnol fee, more walk in Beach Park

Dallagnol, coordinator of the Lava Jato task force, received a $ 30,000 fee to give a speech in 2018. The information that the prosecutor also stayed at the Beach Park hotel was confirmed by the board of the Federation of Industries state

(Photo: Agência Brasil)

From Forum magazine – Involved in accusations of collusion, along with Sérgio Moro and other prosecutors, Deltan Dallagnol, coordinator of the Lava Jato task force, received a sum of R $ 30,000 to give a lecture in 2018. The event was the project Ideas in Debate, promoted by the Federation of Industries of Ceará (Fiec), as informed by Mônica Bergamo, Folha de S.Paulo.

The journalist had access to dialogues between Dallagnol and Sérgio Moro. The information that the prosecutor also stayed at the Beach Park hotel was confirmed by the board of the Federation of State Industries.

Dallagnol was hired via Centro Industrial do Ceará (CIC) for the event with businessmen. In the opportunity, he exposed the fight against corruption, which would be headed by the group of prosecutors of Curitiba, with then the judge Sérgio Moro.

With information from Eliomar’s Blog

Brazil: Freedom Of The Press Is Being Challenged By The Current Government

(THIS ARTICLE IS COURTESY OF BRAZIL’S 247 NEWS AGENCY)

 

Fenaj takes over Greenwald defense and sees threatened freedom of expression in Brazil

“It is important to point out that The Intercept Brazil website is doing journalism,” says Maria José Braga, president of the National Federation of Journalists. “In the specific case of Lava Jato and more specifically in relation to the conviction of President Lula, there has always been a doubt about the suspicion of Judge Sergio Moro,” he says.

Sputinik – The journalist team leader of The Intercept Brasil, the American journalist Glenn Greenwald has been threatened by the series of reports about the alleged messages exchanged in Operation Lava Jet, and this can be considered an attack on the freedom of the press in Brazil.

This is the opinion of the president of the National Federation of Journalists (FENAJ), Maria José Braga, who sees in the material of the site, which explained what would be the talks between then federal judge Sergio Moro and prosecutors of the Federal Public Ministry (MPF) , a clear journalism exercise in the country.

“It is important to point out that The Intercept Brazil is doing journalism, and what is journalism doing?” It is to seek information of public interest and to report this information of public interest to society […]. have knowledge of important information for the national life, for the public debate, its obligation to report this information to the whole society, “she told Sputnik Brazil.

In recent weeks, the series that became known as Vaza Jato brought to public notice a series of messages that, according to Greenwald’s website, would demonstrate what Maria José Braga called “a collusion” between Moro and the prosecutors of the operation to convict the ex – President Luiz Inácio Lula da Silva (PT).

“In the specific case of Lava Jato and more specifically in relation to the conviction of President Lula, there was always a doubt about the suspicion of Judge Sergio Moro and also of the prosecutors charged with denunciation of the Public Prosecutor’s Office because of the lack of concrete evidence, and even without concrete evidence there was condemnation, “commented the president of FENAJ, for whom the PT was wrongly convicted.

The reaction of Moro, the MPF and sectors of society favorable to Lava Jato and the government of President Jair Bolsonaro (PSL) was critical of Greenwald, accusing him of doing party politics with the series of reports. According to the journalist, he and his husband, Federal Deputy David Miranda (PSOL-RJ), were targets of threats.

“FENAJ, together with the Union of Journalists of the State of Rio de Janeiro, [state] where The Intercept Brasil website is based, has already issued a public notice regarding the threats against journalist Glenn Greenwald and his family, and these threats constitute an attack on the freedom of the press in Brazil.Any care of the authorities must be taken, they need to be vigilant to ensure the physical integrity of the journalist and his relatives, and that he can continue, along with his colleagues at the site, continuing with this work in favor of Brazilian society, “said Maria José Braga.

The president of FENAJ would participate in an audience with Greenwald this Monday at the National Council of Social Communication, organism maintained by the National Congress. However, the meeting was canceled due to the absence of several of the guests, among them the journalist from The Intercept Brasil and the journalist’s own representative.

Although the hearing was not held, Maria José Braga pointed out that it is up to the authorities not only to ensure the integrity of journalists from all over Brazil, but also to respect what the Constitution says – she recalled that the Federal Constitution guarantees the secrecy of the source, and it is not for the journalist to reveal the source of his information.

“The journalist, if he obtains relevant information and the source that passed the information does not want to be identified and asks not to be identified, the journalist has the constitutional prerogative to maintain the confidentiality of the source. the journalist has to analyze the relevance of the information, the reliability of this source, and he considering this reliable source, considering the material received of public interest, their obligation is to divulge, “he added.

For the president of FENAJ, it is “very difficult” that the Brazilian population is not interested in the content of the site’s reports on the messages exchanged by Lava Jato, which Greenwald himself said, are just beginning.