STF annuls conviction of Eduardo Cunha in Operation Lava Jato

STF annuls conviction of Eduardo Cunha in Operation Lava Jato


Operation Lava Jato

Majority of the 2nd Panel understood that the Court of Curitiba did not have competence to analyze a case involving Petrobras drillship contracts

The Second Panel of the Federal Supreme Court (STF) annulled, this Monday (29/5), the conviction of former deputy Eduardo Cunha in Operation Lava-Jato for the crimes of passive corruption and money laundering. The collegiate understood that the Federal Justice of Paraná was not competent to judge the case – which involved alleged bribery in Petrobras drillship contracts.

The lawsuit sentenced Cunha to 16 years in prison for passive corruption and money laundering. The Court ordered the referral of the investigation to the Electoral Justice. The merits of the case were not analyzed by the ministers.

The decision by the Federal Public Ministry (MPF) states that the former deputy benefited from a bribe scheme in the purchase of drillships between Petrobras and the Samsung Heavy Industries shipyard.

split decision

Cunha’s defense stated that the electoral courts would be the most appropriate court to investigate the crime. In 2022, Minister Edson Fachin, rapporteur for Operation Lava Jato, voted to reject Cunha’s action on the understanding that the facts do not fall under electoral crime. The understanding was followed by Minister Ricardo Lewandowski.

Justices Kássio Nunes Marques and André Mendonça disagreed with this understanding, stating that the whistleblowers themselves had affirmed the relationship between bribes and electoral crimes. After asking for a time of views, Gilmar Mendes confirmed this understanding.

It will be up to the new judge in the case to decide whether or not to reestablish Cunha’s conviction, in addition to the validity of the evidence, or whether the case will be resumed from square one.

*With information from the Supreme Court

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