Youssef’s illegal wiretapping case leaves the Lava Jato Court – 09/04/2023 – Power

Alberto Youssef’s defense’s request to access the entirety of all investigations already carried out on the case of illegal wiretaps in the money changer’s cell will come from the 13th Federal Court of Curitiba, where the remaining processes of Operation Lava Jato are housed.

In a decision signed late Friday afternoon (1), Judge Fábio Nunes de Martino, who took over the Lava Jato Court in June, determined that Youssef’s petition be sent to the 23rd Federal Court.

Filed in April at the Lava Jato Court, Youssef’s defense request has been closely monitored by the parties involved in the Petrobras corruption scandal because its consequences could affect the award-winning collaboration agreement signed by the money changer, and considered a backbone of the entire the investigation.

Youssef’s defense believes that the content of the investigations into the wiretaps – including the audio illegally captured in the cell – may bring to light elements that interfere with the “voluntary and spontaneity” of the accusation.

Based on this, Youssef’s defense could claim contamination in the award-winning collaboration agreement signed with the authorities at the end of 2014 and point to its breach.

Youssef was arrested as part of Operation Lava Jato in 2014 and taken to the Federal Police Superintendence jail in Curitiba. Almost a month later, the money changer’s defense revealed the existence of an environmental listening device found in his cell.

The episode led to the opening of investigations and disciplinary administrative procedures in the PF, in addition to police inquiries. In 2019, the PF reported that the tap irregularly recorded 260 hours (11 days).

In his Friday decision, Martino states that the police investigations on the subject were dealt with by the 23rd Court and that, therefore, the 13th Court is not competent to decide now on the petition presented by the money changer.

The titular judge of the 23rd Court is Nivaldo Brunoni, who is currently summoned by the TRF4 (Federal Regional Court of the 4th Region). The substitute is Judge Paulo Sérgio Ribeiro.

Judge Eduardo Appio, who headed the Lava Jato Court between February and May, had already agreed with Youssef’s defense’s petition, and asked the PF for a full copy of all investigations into the wiretaps in his cell, but according to the money changer’s lawyers, not all of the material has actually been made available so far.

Missing, for example, the audio captured in jail. Soon after, Martino took over the 13th Vara.

Before being removed from office by the TRF4 on suspicion of disciplinary infraction, Appio had also recommended a new investigation into the wiretapping case, but, in July, the Federal Police spoke out against the idea, arguing that there are no new facts that justify the resumption of the case.

The Federal Public Prosecutor’s Office also contested the petition by Youssef’s defense and asks for the annulment of all decisions signed since April.

The new Lava Jato judge, however, did not address this Friday on other requirements. Martino only determined that Youssef’s defense petition be forwarded to the 23rd Court.

The report contacted the money changer’s defense this Monday (4), but has yet to receive a response.