Toffoli ignored MPF inquiry that did not detect irregularities in Odebrecht agreement

The Minister of the Federal Supreme Court (STF) Dias Toffoli did not consider, in this Wednesday’s decision (6), the result of an inquiry carried out by the Federal Public Ministry (MPF) that did not detect irregularities in the performance of Lava Jato prosecutors during the investigation. negotiation of the leniency agreement with Odebrecht. Earlier, the minister annulled all evidence obtained through the agreement with the contractor.

The investigation was carried out by the MPF’s Inspector General, Elizeta Maria de Paiva Ramos, by determination of the then Supreme Minister Ricardo Lewandowski within the scope of the Spoofing Operation inquiry into the hacked messages, reported the column of Malu Gasparin the newspaper The globe. The inquiry intended to clarify whether there were irregularities in the conversations between the task force and the foreign authorities. The defense of President Luiz Inácio Lula da Silva (PT) accused Lava Jato of making informal dealings with the United States and Switzerland during the negotiations for the Odebrecht leniency agreement.

In October 2021, the MPF internal affairs department concluded that there were no irregularities in the negotiations to close the leniency agreement with Odebrecht. “With no conduct constituting a violation of functional duty having been declined by the members of the Lava Jato task force in Curitiba, who proved the exercise of their institutional attributions in line with the postulate of legality, the closure of any investigative procedure, as proposed by the union authority, reflects the legal solution most in line with the reality of the records”, wrote the general inspector.

In this Wednesday’s decision, Toffoli cites leaked dialogues by members of the task force, in the so-called “jet leak”, in which prosecutors cite conversations with the FBI. “But the FBI channel is certainly much more direct than the embassy channel. The FBI too [também] already has full knowledge of the investigations, whereas the embassy would not. For my part, I think it’s useful to keep the two channels”, would have said one of the attorneys.

In a note, the National Association of Attorneys of the Republic (ANPR) said this Wednesday (6) that “the legality of the procedure adopted by the MPF in the agreements involving Odebrecht and its directors and employees was recognized.” “The issues raised by Honorable Minister Dias Toffoli had already been referred by Minister Ricardo Lewandowski to the competent spheres for investigation – the General Internal Affairs of the MPF and the National Internal Affairs of the National Council of the Public Prosecutor’s Office”, pointed out the entity.

“After extensive analysis of evidence and information, the legality of the procedure adopted by the MPF in the agreements involving Odebrecht and its directors and employees was recognized. were mentioned in the decision rendered and need to be expressly analysed”, added the ANPR.