STF forms majority to convict Collor – 05/18/2023 – Power

The STF (Federal Supreme Court) formed a majority this Thursday (18) to condemn former president Fernando Collor (PTB-AL) for the crimes of passive corruption and money laundering.

The size of the penalty and its conditions —the so-called dosimetry— are yet to be defined by the ministers.

The rapporteur for the action, Minister Edson Fachin, voted on Wednesday (17) to sentence Collor to a sentence of 33 years, 10 months and ten days in prison for the crimes of money laundering and criminal organization.

On the same day, Minister Alexandre de Moraes, reviewer of the process, followed the vote of the rapporteur for the conviction of the former president.

This Thursday, ministers André Mendonça, Luís Roberto Barroso, Luiz Fux and Cármen Lúcia supported the same understanding, forming a majority of 6 ministers for the conviction (out of a total of 10 currently in court). Kassio Nunes Marques voted for the acquittal of all defendants in the process.

In the criminal action judged by the Supreme Court, 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. The action was taken to the agenda of the plenary of the STF because it is close to prescription.

Fachin voted to establish a closed regime for the beginning of Collor’s sentence. For the rapporteur, he is not entitled to replacement by precautionary measures or to conditional suspension of the sentence.

According to the complaint by the PGR (Attorney General of the Republic), Collor would have received at least BRL 29 million in bribes between 2010 and 2014 in this scheme.

According to the Attorney General’s Office, the former senator requested and accepted a promise to irregularly make viable a contract to change the flag of fuel stations entered into between BR Distribuidora and the company DVBR (Derivados do Brasil), with the help of other defendants.

Fachin also suggested a minimum indemnity amount for collective moral damages of BRL 20 million, to be paid jointly by the former president and businessmen Luis Pereira Duarte de Amorim and Pedro Paulo Bergamaschi de Leoni Ramos.

The first is director of the Arnon de Mello Institute and a business administrator for Collor; the second is appointed as the ex-senator’s operator. According to the complaint, the two helped in the scheme.

Fachin also voted for the loss, in favor of the Union, of the assets, rights and values ​​object of the laundering in relation to which the defendants were convicted, as well as the prohibition of holding office or public function of any nature.

Collor’s defense, led by lawyer Marcelo Bessa, maintained to the Supreme Court that the accusations against the former president are based only on plea bargains. He stated that there is no evidence against his client.

According to Bessa, Collor was not responsible for appointing directors at BR Distribuidora.