Toffoli’s decision weakens the fight against corruption in Brazil

By deciding to nullify the evidence obtained through the leniency agreement of the construction company Odebrecht and the company’s bribery systems, Minister Dias Toffoli, of the Federal Supreme Court (STF), caused a new defeat to the Lava Jato operation and weakened the fight against corruption carried out by the task force in recent years.

The magistrate’s main argument was that the negotiations involved informal collaboration with foreign authorities. He also criticized the terms of Odebrecht’s leniency agreement, and ordered the sending of more information on the issue. The minister considered that the data from Odebrecht systems – Drousys and My Web Day B – were stored on servers outside the country and were sent to Brazil without complying with the rules for international legal cooperation agreements.

“In this way, in addition to promoting direct negotiations with the Department of Justice of the United States of America (Department of Justice), as well as with the Office of the Attorney General of Switzerland (Office of the Attorney General of Switzerland), the Attorneys of Curitiba and the magistrates stationed at the 13th Court of Curitiba moved forward to effectively remit resources from the Brazilian State abroad without the necessary competition from official bodies such as the Attorney General’s Office, the Ministry of Foreign Affairs and the Ministry of Justice and Public Security”, stated the minister .

Lawyer Richard Campanari points out that the annulment of the evidence sets a dangerous precedent, as the company admitted guilt during the investigations. He points out that the revocation of all evidence of a leniency agreement made with a company known to be involved in corruption by a Supreme Court minister has serious implications in the fight against corruption. “This situation becomes even more worrying in the case of Odebrecht, which admitted to having maintained a department dedicated to bribes, known as “structured operations”, and which, in a lawsuit in the United States courts, confessed to having paid, if I am not mistaken. , 788 million dollars in bribes to obtain illegal advantages in 12 countries”.

For criminal lawyer Adriano Soares da Costa, the decision to annul the agreement not only sends a discouraging message, but also has the potential to increase the feeling of impunity among the population, weakening confidence in democratic institutions and the judicial system.

The criminalization of those who fight corruption is another worrying point highlighted by the lawyer. “Minister Dias Toffoli’s decision brings a series of consequences not only for Lava Jato, which will result in the public agents who participated in it being criminalized, but also for the Brazilian accusatory system itself, because it is clear that in large systemic corruption schemes involving powerful people in the economic or political sector, the consequences will end up falling on those who are responsible. Investigation, criminal prosecution and law enforcement,” he said.

He adds, explaining that the minister’s decision creates a dubious situation for Odebrecht on the international scene, as the company is also responsible in the United States due to the Lava Jato investigations. “The Odebrecht case is very impactful because it affects the entire award-winning collaboration agreement, the return of misappropriated resources, payment of fines, made in Brazil and also in the United States. So, we will have a case in which Odebrecht admits guilt in another country, compensates for what was diverted and the losses it caused, but in Brazil ends up being exonerated due to the nullification of evidence”, he stated.

According to lawyer Angela Gandra, professor of Philosophy of Law at Universidade Presbiteriana Mackenzie, the minister’s decision is a “mortal blow” to the country’s legal security. “A sad political decision that refutes a truly well-founded legal decision. There are 135 pages to justify the indefensible. A practically mortal blow to legal security, in an issue that is scandalous due to its encouragement of corruption. On the other hand, it is clear that in this way, they prepare there are more revocations and silence of actions and expressions. The strategy is complete. However, we cannot stop working perseveringly so that we do not sink into the professed existential lie and can live in truth and freedom”, says the jurist.

Former Lava Jato members criticized Toffoli’s decision

On social media, senator Sergio Moro, former judge of the operation, said that “corruption in the PT governments was real” and that “criminals confessed and more than six billion reais were recovered for Petrobras”.

“This was the work of Lava Jato, within the law, with decisions confirmed for years by Superior Courts. Brazilians saw it, supported it and know the truth. We respect institutions and all our actions were legal. We will fight, in the Senate, for the right to truth, integrity and democracy. Always”, wrote Moro on the social network X, formerly Twitter.

Former Lava Jato prosecutor and former federal deputy Deltan Dallagnol classified the decision as a historic error. “The biggest mistake in the country’s history was not Lula’s conviction, but the STF’s leniency towards the corruption of Lula and more than 400 politicians denounced by Odebrecht,” he said.

“The annulment of the conviction and the agreement makes corruption pay off in Brazil. And if everything was invented, where did the money returned to the public coffers come from? And with the annulment of the agreement, the 3 billion returned to the people will now be handed over again to the corrupt “The thieves celebrate while those who enforced the law are persecuted”, wrote the former deputy on the social network X.