STF annuls Eduardo Cunha’s conviction in Lava Jato – 05/29/2023 – Power
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The Second Panel of the STF (Supreme Federal Court) decided, by 3 votes to 2, to annul a conviction of the former president of the Chamber of Deputies, Eduardo Cunha, in Lava Jato.
The decision determines that the records be forwarded to the Electoral Justice, where it will be analyzed whether the case will be restarted or whether the conviction can be reinstated.
The former deputy was sentenced in 2020 by Judge Luiz Antônio Bonat, who at the time was the holder of the 13th Federal Court of Curitiba, to 15 years and 11 months in prison for passive corruption and money laundering.
According to the decision, he had received R$ 1.5 million in undue advantages arising from contracts for the supply of Petrobras drillships.
His defense questioned the decision of the judge to the Supreme Court, on the grounds that the case should be judged by the Electoral Court, and not by the Federal Court, since it involved campaign money.
Lava Jato’s Supreme Court rapporteur, Edson Fachin, voted last year in a virtual plenary session against the request and was followed by Minister Ricardo Lewandowski.
Minister Kassio Nunes Marques disagreed and voted in favor of sending the process to the Electoral Court. He was accompanied by minister André Mendonça.
After asking for a review (more time for analysis), Gilmar followed Kassio’s vote last week.
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