Former Senator Fernando Collor.| Photo: Alan Santos/PR.

The Federal Supreme Court (STF) formed a majority this Thursday (18) to condemn former Senator Fernando Collor for the crimes of passive corruption and money laundering. The Court judges a criminal action opened in August 2017 in an unfolding of Lava Jato. According to the Attorney General’s Office (PGR), the former president would have received around BRL 30 million in bribes for his political influence at BR Distribuidora. The crimes would have occurred between 2010 and 2014.

Minister Edson Fachin, the case’s rapporteur, voted this Wednesday (17) to sentence Collor to 33 years and 10 months in prison for passive corruption, money laundering and criminal organization. The minister also fixed payment of R$ 20 million for collective moral damages. So far, the trial score is 6 votes to 1 for conviction. After the votes, the session was suspended and will resume on Wednesday (24).

Accompanying the rapporteur for the conviction for passive corruption and laundering are the ministers: Alexandre de Moraes, André Mendonça, Luís Roberto Barroso, Luiz Fux and Cármen Lúcia. On the charge of criminal organization, only Mendonça considered it more appropriate to frame Collor’s conduct as a crime of criminal association. The other ministers agreed with the accusation of criminal organization. Despite the majority, Collor’s full sentence has yet to be defined.

Minister Nunes Marques, on the other hand, disagreed with the rapporteur and voted to acquit the defendants, considering that it was not proven that Collor benefited from deviations at BR Distribuidora. The votes of ministers Dias Toffoli, Rosa Weber and Gilmar Mendes are still missing.

During the trial, lawyer Marcelo Bessa asked for Collor’s acquittal. The defender stated that the PGR’s accusations are based on testimonials from a plea bargain and no evidence was presented to incriminate the former senator, reported Agência Brasil. Bessa also denied that the former parliamentarian was responsible for appointing company directors. According to him, the whistleblowers accused Collor based on comments from third parties.