Minister Dias Toffoli, of the Federal Supreme Court (STF), ordered this Monday (5) an investigation of the NGO Transparency International within the scope of Operation Lava Jato, in which the organization would manage resources arising from the leniency agreement signed by the J&F group.
According to Toffoli’s order to which the People’s Gazette had access, which is confidential, the NGO would manage R$ 2.3 billion in resources aimed at “social investments […] without submitting to state inspection and control bodies”.
In the decision, Toffoli stated that “the legality of the provision for the creation and constitution of a private foundation to manage resources derived from the payment of fines to Brazilian authorities” that would be allocated to a fund to be created by law of the National Congress is doubtful. This fund was suggested by the then Lava Jato prosecutor, Deltan Dallagnol, to manage part of the resources from the fines imposed on companies that signed agreements.
“As recorded in the act [do acordo de leniência, em 2017]the signatory public prosecutors ordered the issuance of a letter to J&F, so that ‘the implementation of the social projects agreed in the leniency agreement can immediately begin, respecting the best practices indicated by Transparency International'”, reproduced Toffoli in the order.
Toffoli also reported in the order that Transparency International “is an international non-governmental organization (NGO) based in Berlin. It is an institution of a private nature whose supervision falls outside the scope of the Federal Public Ministry”, which generated the minister’s first question Alexandre de Moraes, in 2019, which gave rise to this Monday’s request for investigation (5).
“Such action is necessary especially to investigate possible misappropriation of public resources by Transparency International and its respective responsible parties, whether public or private”, wrote the judge in the order.
Toffoli ordered the Attorney General’s Office (PGR) to initiate a process in the Federal Public Prosecutor’s Office to “investigate compliance with general rules relating to international dealings and negotiations by the members of the Lava Jato task force”, in addition to to monitor compliance with the leniency agreement between the prosecution and J&F.
He also determined that the Federal Audit Court (TCU) and the Federal Comptroller General (CGU) also have access to what is determined by the bodies.
At the end of last year, Toffoli benefited J&F by suspending payment of the R$10.3 billion fine imposed on the group as a result of Operation Greenfield, following the same allegation that the company had been put under abusive pressure by the Public Prosecutor’s Office. Federal to make the deal. J&F used the same threat of persecution and partiality placed by politicians on Lava Jato to obtain the benefit.
International transparency denies relationship with the agreement
The executive director of Transparency International in Brazil, Bruno Brandão, said in the early afternoon that he received “with astonishment” the request for an investigation made by Dias Toffoli, stating that he did not maintain any type of negotiation with the MPF regarding the leniency agreement reached. by J&F.
“Transparency International has never received, would receive or will receive any appeal from the J&F leniency agreement or any other leniency agreement in Brazil,” he said in an interview with GloboNews. A People’s Gazette also contacted the NGO and is awaiting a response.
Brandão also stated that he was approached by J&F in 2017 to forward the R$ 2.3 billion from the agreement to carry out anti-corruption actions, but the NGO allegedly refused to receive the resources as stated in documents that, he says , were not even mentioned by Toffoli in the decision.
Former attorney Deltan Dallagnol stated that he did not participate in the drafting of this agreement and that the foundation that would receive the resources was considered legal and legitimate by nine bodies “generally better informed, experienced and qualified than the STF (which suspended the foundation) on the topic of anti-corruption”, including the MPF’s Anti-Corruption Chamber, Federal Justice, Federal Justice, prosecutors from the Lava Jato group of the Regional Attorney’s Office of the Republic of the 4th Region, Internal Affairs Office of the Federal Justice of the 4th Region, Internal Affairs Office of the Federal Public Ministry and Internal Affairs of the National Council of the Public Ministry.
“Transparency International was extremely critical of Toffoli’s decisions that favor companies that practiced corruption”, he said, highlighting that “thanks to Minister Toffoli’s decisions, Brazil becomes a cemetery of evidence of crimes that generated misery, violence and human suffering in more than a dozen countries in Latin America and Africa”. He also remembers that “Toffoli’s wife is a J&F lawyer, benefited by billions due to the minister’s decision”, he pointed out.
Still according to Dallagnol, “the agreement between MPF and J&F was in the same vein, equally following the best international and national practices and providing for a series of control, inspection and governance rules to ensure that the money was used in favor of society and without any type of benefit to related parties”.
A People’s Gazette He also contacted J&F to comment on the decision and is awaiting a response.