Corruption allegations that would not be published today for fear of the STF

Interviews and reports that exposed various corruption schemes in Brazil and led to the dismissal of ministers, the arrest of deputies and even the fall of then president Fernando Collor could not have existed if the press had been held responsible for statements made by interviewees.

According to constitutional lawyer André Marsiglia, if the decision taken by the Federal Supreme Court (STF) last Wednesday (29) had been imposed on the newspapers that published the denunciation of the mensalão or Pedro Collor’s interview, the material would possibly have suffered “self-censorship”.

After all, “in order for the vehicle not to be co-responsible, the STF’s thesis requires the press to check whether there is concrete evidence about the statement, which is unfeasible”, points out the lawyer, mentioning that the decision demands from the press “more rigor and be careful than a police investigation.”

According to the expert, police investigations are not closed when there are “indications” that a specific complaint is real, but this causes the process to be opened and progressed until its conclusion. “And now the STF requires the press to conclude whether or not it is illegal, based on evidence, which makes the investigation unfeasible,” he laments.

For him, the result is the “restriction of freedom of expression”, since the daily and investigative journalism that needs to be carried out with the speed required by current times will only be possible by financially strong vehicles, which have a legal team and ask sources to sign statement of responsibility. “This makes the relationship between the interviewee and the outlet embarrassing, and it still does not prevent a lawsuit against the newspaper.”

Check out some corruption allegations below that, with the STF’s decision, “would only be published if the vehicle assumed the inevitable risk of publication”, said Marsiglia.

1. Pedro Collor’s interview with Veja denounced former president Fernando Collor

In May 1992, an interview published by Veja magazine resulted in the downfall of former president Fernando Collor. After being elected in 1989 with the promise of modernizing the country and fighting corruption, his brother revealed to the reporter that Collor was a partner of Paulo César “PC” Farias — former treasurer of his brother’s campaign — in illegal businesses that extorted companies and carried out influence peddling in the name of the president.

“What was the main theme of Fernando’s campaign? Whoever stole went to jail. In practice, I am seeing something completely different,” Pedro told Veja, citing that he did not know exactly the purpose of the scheme. “It must be to sustain campaigns or maintain the status quo.”

In the interview, Pedro Collor also said that his brother would be the mentor of the scheme. “Fernando doesn’t get into the retail side of things. He only guides the business”, while “the PC is the expert on theft, corruption, blackmail”, cited another excerpt from the interview.

On May 25, the day after publication, the subject gained space in other outlets in the country, and Pedro Collor told the press that PC Farias had offered US$50 million for him to drop the accusations against his brother. Two days later, Congress established a CPI to investigate the case. Other accusations emerged and Collor ended up resigning from the Presidency on December 29, to avoid the impeachment process initiated in the Senate.

In 2014, the STF decided to acquit Collor. The ministers followed the understanding of the case’s rapporteur, Minister Cármen Lúcia, that the complaint presented by the Public Ministry was poorly prepared and, therefore, there would not be enough evidence to convict the former president.

2. Roberto Jefferson’s interview with Folha de São Paulo revealed the monthly allowance scheme

In June 2005, Folha de São Paulo published an interview with then deputy Roberto Jefferson (PTB) in which he denounced, for the first time, the monthly allowance, a scheme organized by the PT that paid R$30,000 a month — today the equivalent of R$80 thousand — for each parliamentarian who supported the Lula government in Congress, in 2003 and 2004.

In the interview, the deputy and president of the PTB cited details of the scheme that diverted around R$3 million per month and stated that he had alerted several ministers and the president himself. “I informed everyone in the government about the monthly allowance,” he said in the interview, mentioning that the allowance began in 2003 and 2004, shortly after the party came to power.

“I have 23 years in office. I have never heard before that there was a monthly transfer to federal deputies from members of the government party”, stated Jefferson, also speaking of the reason that started the scheme.

“It is cheaper to pay for the mercenary army than to share power. It is easier to hire a deputy than to discuss a government project. That’s why. Those who are paid don’t think.”

The complaint led to the case being judged by the STF in 2012, being called by international newspapers, such as the British BBC network, the “largest corruption trial in the country”.

In total, 25 people were sentenced to prison, including the then Minister of the Civil House, José Dirceu, and businessman Marcos Valério Fernandes de Souza, owner of advertising agencies hired by the federal government who used these companies to divert resources from public coffers. for political appointees.

Furthermore, the STF concluded that Banco Rural supported the monthly payment, fueling the scheme with fraudulent loans and allowing politicians to withdraw the money without identifying themselves.

3. Interview with caretaker Francenildo, at Estadão, with allegations against former minister Antonio Palocci

Another case is the interview given to the newspaper O Estado de S. Paulo, in 2006, by caretaker Francenildo Santos Costa. Amid the developments of the Mensalão scandal, he revealed that the former Minister of Finance, Antonio Palocci, used a rented mansion in Brasília to hold parties and negotiate bribes.

Francenildo told the newspaper what he saw in the mansion where he worked in Lago Sul, an upscale region of Brasília, where Palocci would hold lobby meetings, using his position and prestige to gain advantages. The minister reported at the time that he was never at the house, but Francenildo’s complaint led to Palocci’s dismissal from his position by former president Lula.

Francenildo also had his banking secrecy broken and was accused of having received money to testify against Palocci, but he proved that the large amount deposited in his account belonged to his biological father.

Ten years later, in 2016, Palocci was arrested in the 35th phase of Operation Lava Jato, and Francenildo gave a new interview to Época magazine. “When I saw the news, everything came into my head,” said Francenildo, stating that he was “relieved” with the revelations made about the former minister’s involvement in the embezzlement of public resources.

“It shows that I was telling the truth,” he said. “I was already expecting this to happen. It’s that thing where the time will come.”

Despite having made a plea bargain, Palocci later denied any relationship with the alleged crimes. In December 2021, the STJ annulled the conviction imposed in 2017 by then judge Sergio Moro against the former minister within the scope of Operation Lava Jato (more than 12 years in prison). Minister Jesuíno Rissato understood that the Federal Court of Curitiba did not have the competence to judge the accusations.

4. Advisors accuse André Janones of setting up a “rachadinha” scheme in his office

On November 27th, the newspaper Metrópoles, based in Brasília, published an audio recorded by advisors to federal deputy André Janones in which the parliamentarian would ask advisors for part of his salary to pay his personal expenses.

“Some people here, who I will talk to in private later, will receive a little extra salary, and they will help me pay the bills from my mayoral campaign”, quotes the audio published by the newspaper. “I don’t consider this corruption,” he continues.

The deputy had already been denounced previously by a former advisor, who told the Attorney General’s Office and the same newspaper that Janones was committing fraud.

“On the day of his inauguration in the Chamber, the deputy gathered all his advisors in the office. He said that he would have political projects and that, for this, the advisors would have to contribute financially with part of their salary”, said Fabrício Ferreira to the Metrópoles report, in January 2022.

Janones denied having participated in a crack scheme and said that the audio was spread by the “extreme right”. “They used a clandestine and criminal recording, an audio taken out of context and to try to accuse me of a crime that I never committed”, he said in a note, also to Metrópoles.

According to the understanding of the Superior Electoral Court (TSE), the practice constitutes illicit enrichment, damage to public property and is subject to ineligibility. The complaint is being investigated by the Attorney General’s Office and the Federal Police (PF).