STF condemns Collor for crimes of passive corruption and money laundering

STF condemns Collor for crimes of passive corruption and money laundering


Judgment ended with 8 votes to 2; court will still decide the size of the sentence and its conditions

Brasilia DF) – The STF (Federal Supreme Court) decided this Thursday (25) for the conviction of former president Fernando Collor (PTB) for the crimes of passive corruption and money laundering.

The court had formed a majority in this regard on the 18th. The trial ended with 8 votes to 2 against the former president.

The last vote was given by the President of the Supreme Court, Minister Rosa Weber, who concluded by condemning Collor for both crimes. Ministers Gilmar Mendes and Kassio Nunes Marques voted for his acquittal.

The court will still decide the size of the sentence and its conditions, the so-called dosimetry. The former president, however, will only be arrested after the judgment of any appeals presented by his defense.

Former President Fernando Collor (PTB) – Roque de Sá – 18.May.23/Agência Senado

In the criminal action, derived from Operation Lava Jato, the former president and former senator is accused of receiving bribes from a corruption scheme at BR Distribuidora, a subsidiary of Petrobras.

Vouchers found in the office of money changer Alberto Youssef, in addition to testimonies from employees of the operation, were used as evidence in the action against Collor.

The case was taken to the agenda of the plenary of the STF because it is close to the statute of limitations. The former president has always denied all accusations.

The case’s rapporteur, minister Edson Fachin, voted on the 17th to sentence Collor to a sentence of 33 years, 10 months and ten days in prison for the crimes of money laundering, corruption and criminal organization.

According to Fachin’s vote, the evidence showed that, from 2010 to 2014, Collor influenced the command and boards of BR Distribuidora, which led to the signing of contracts between the state-owned company and the construction company UTC. In exchange, says the prosecution, the former president received R$ 20 million.

Fachin stated that the accused’s guilt is exacerbated, “since membership of an organized criminal group on the part of those who usually hold popular trust in the exercise of power entails a much more intense judgment of disapproval than would be appropriate in the case of a citizen. common”.

He voted to set a closed regime for the beginning of the sentence. For the rapporteur, there is no right to replacement by precautionary measures or conditional suspension of the sentence.

Minister Alexandre de Moraes, reviewer of the process, followed the vote of the rapporteur for the conviction of the former president. He did not comment on the 33 years of sentence proposed by Fachin.

Subsequently, ministers André Mendonça, Luís Roberto Barroso, Luiz Fux, Cármen Lúcia and Dias Toffoli were of the same understanding. They considered that sufficient evidence was attached against the group in the lawsuit.

Mendonça, Moraes, Rosa and Toffoli, however, ruled out the crime of criminal organization and the Supreme Court did not form a majority in relation to this crime. They considered that there was a criminal association, which has a lighter sentence than the previous one.

*With information from Folha de S.Paulo

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