São Paulo MP goes to the STF against Toffoli’s decision that annulled Odebrecht evidence

The Public Ministry of São Paulo filed an appeal this Wednesday (20) against the decision of the Minister of the Federal Supreme Court (STF) Dias Toffoli, who annulled all the evidence obtained from the Odebrecht leniency agreement. The Attorney General of Justice, Mário Sarrubbo, requested that the Court reverse Toffoli’s monocratic decision. Sarrubbo pointed out that the minister’s determination is “broad and generic”.

“Reformation of the appealed decision is requested, specifically in the topic in which it declares the broad and generic worthlessness, beyond the legal sphere of the author of the complaint, of the evidence obtained from the Leniency Agreement 5020175-34.2017.4.04.7000 , signed by Odebrecht, and the Drousys and MyWebDayB systems, as well as all other elements that arise from it, in any scope or degree of jurisdiction”, wrote the Attorney General of Justice in the appeal.

In a note, the MPSP stated that it used the data due to agreements made directly with Odebrecht, starting in 2017, and not due to “adherence to adjustments signed by the Federal Public Ministry (MPF)”. “The Public Ministry of the State of São Paulo is processing several actions and investigations involving Odebrecht and elements obtained from the Drousys and MyWebDayB systems that could be affected by the appealed decision,” said Sarrubbo.

The judge considered that the “attorneys stationed in Paraná could never proceed to sign a leniency agreement.” The statement was made based on the results of the analysis of data obtained from Odebrecht systems considered contaminated – Drousys and MyWebDayB –, which were used in the contractor’s Structured Operations Sector, known as the “bribe department”.

In the decision, Toffoli also questioned the conviction of President Luiz Inácio Lula da Silva (PT) under Operation Lava Jato. For the minister, the arrest of the PT member would be one of the “biggest miscarriages of justice in the country’s history”. The action, which resulted in the minister’s decision, was filed by the agent’s defense.