CNJ points out “chaotic management” in Operation Lava Jato

CNJ points out “chaotic management” in Operation Lava Jato

The National Justice Inspectorate released a partial report on the extraordinary correction carried out in 13th Federal Court of the Judiciary Subsection of Curitiba, responsible for Lava Jato, and in the offices of members of the 8th Panel of the Federal Regional Court of the 4th Region. The report, released this Friday (15), indicates “a lack of duty of caution, transparency, impartiality and prudence on the part of magistrates who worked in the car wash operation”. On social media, the former judge and senator Sergio Moro (União-PR) and the former attorney Deltan Dallagnol criticized the report.

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The national inspector began negotiations with the Minister of Justice Flavio Dino to create a working group aimed at “the broader verification of the object that motivated the correction and the adoption of preventive measures”.

The work of the National Justice Inspectorate began in May this year due to disciplinary complaints against judges and judges who worked in the 13th Federal Court of the Judiciary Subsection of Curitiba and in the 8th Panel of the Federal Regional Court of the 4th Region.

According to the report, “chaotic management was found in the control of amounts arising from collaboration and leniency agreements signed with the Federal Public Ministry and approved by the court of the 13th Federal Court of Curitiba”. The internal affairs department pointed out possible irregularities in the workflow during investigations and criminal actions.

The report highlights that “actions and omissions were identified that would indicate a lack of care in terms of the zeal required of magistrates in the processes, which allocated amounts arising from collaborations and leniency agreements (also in relation to seized assets) to Petrobras and others private entities”.

According to the National Justice Inspectorate, payments to the company totaled R$2.1 billion between 2015 and 2018, the period in which Petrobras was being investigated in the United States. “It was concluded that collaboration, leniency and commitment agreements were, as a rule, approved by the court without presenting the circumstances of the conclusion and without the documentary bases of the
discussions that took place between the parties”.

When completed, the final report will be submitted for consideration and judgment by the Plenary of the National Council of Justice. With this, the national inspector of justice, minister Luis Felipe Salomão, will present sanctions for disciplinary offenses by magistrates and employees.

Sergio Moro repudiates the expression “chaotic management” used in the Internal Affairs report

Senator Sergio Moro (União-PR) repudiated the expression “chaotic management” used in the partial report released by the National Justice Inspectorate. “In 60 days of correction of the 13th Federal Court by the National Justice Inspectorate, no diversion of resources was identified, as I have always stated”, said the senator in the Twitter.

He said the report, which suggests “possible irregularities”, is a “mere preliminary opinion” with no basis in fact. “The agreements approved in Curitiba followed the pattern of the agreements approved by the STF”, explained the former judge of Operation Lava Jato.

“As for the leniency agreements, before approval, they were always previously approved by the 5th Review Chamber of the MPF, which works together with the Attorney General of the Republic”, added the senator.

Moro also stated that the expression “chaotic management” does not do justice to Operation Lava Jato, which recovered more than R$6 billion. “The CNJ is respected, but it is regretted that, after 60 days of correction, nothing concrete, except differences of opinion and baseless speculations have been produced”, he highlighted.

Deltan invites Salomão from CNJ to an “open and transparent debate”

“Since Minister Salomão of the CNJ stated that his report on the ‘secret’ procedure seeks to provide ‘transparency’ (and not actually gain points with Lula in the nomination for a vacancy on the STF before it is too late), I invite the minister to an open and transparent, public debate, which on my part will be absolutely respectful, on all points of your report”, said former prosecutor and coordinator of the Operation Lava Jato task force Deltan Dallagnol for Twitter.

Dallagnol highlighted that the debate would be an important opportunity to inform society about the speculations made in the report, “not based on evidence, which would point out possible irregularities”.

The former prosecutor also questioned whether the CNJ minister was pushing “the envelope” to create “narratives that there would be irregularities.” “A clear example of this was pointing out as an “irregularity” the allocation of resources to injured entities after an agreement, before a final judgment, when this is what was done by the STF, in other operations in which there were agreements and on a daily basis when there is criminal transactions and conditional suspensions of processes throughout Brazil”, highlighted Dallagnol.

According to Dallagnol, Brazil cannot have “political winds of revenge” within judicial institutions. “Otherwise, our Justice will represent the value of justice only in its name.”

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