Zanin’s nomination to the STF worries Odebrecht whistleblowers – 02/27/2023 – Panel

The possible nomination of Cristiano Zanin for the next vacancy of the STF (Federal Supreme Court) has left the lawyers of those denounced by Odebrecht apprehensive.

The claim that annulled the use of Drousys and MyWebDay software as evidence, suspending two actions against President Luiz Inácio Lula da Silva (PT), is authored by Zanin.

The decision had 23 requests for extension of the decision, so that the annulment is replicated in other processes. As reported by Minister Ricardo Lewandowski, they may end up being inherited by Zanin, if he replaces him.

Some of those denounced have already benefited from Lewandowski’s monocratic orders. Vice President Geraldo Alckmin, for example, was awarded a habeas corpus suspending the criminal action against him on December 19 of last year, days before taking office. The mayor of Rio, Eduardo Paes (PSD), and former minister Paulo Bernardo are on that list.

But others investigated, such as former senator Edison Lobão, former mayor Eduardo Cunha and lawyer Tacla Duran, for example, are still pending analysis.

If he is even nominated, Zanin will have to declare himself impeded, and the complaint must be redistributed among the ministers of the Second Panel of the STF: Edson Fachin, Gilmar Mendes, André Mendonça and Kassio Nunes.

For the lawyers, none of them have as guaranteeing a profile as Lewandowski — the last two were appointed by former President Jair Bolsonaro (PL). Fachin and Mendonça were outvoted in this matter.

If any grievance or appeal takes the decision to the panel, there is also uncertainty about how these ministers would behave together and what the sum of the votes would be to confirm a position contrary to the Lava Jato operation. The decisions so far have been injunctions, that is, individual and provisional in nature.

Those who temporize remember that the minister has time to dispatch the requests by May and adds that the annulment of Odebrechet’s bribe spreadsheets is already a consolidated understanding.

The electronic systems were used by the construction company to register illicit payments and were secretly stored in Europe. These data are the main corroborating evidence for reports of irregularities made by 78 executives of the contractor in depositions.

In August 2020, ministers Lewandowski and Gilmar Mendes determined that broad access to the defense be granted to the content of the leniency agreement. As Minister Edson Fachin, who reports on Lava Jato in the Supreme Court, was defeated at the time, Lewandowski became the rapporteur of a defense appeal called a complaint.

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