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Correio newspaper | Gilmar Mendes annuls José Dirceu’s Lava Jato convictions

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JUSTICE

Gilmar Mendes annuls José Dirceu’s Lava Jato convictions

Minister extended the effects of the STF decision that considered Sergio Moro a suspect in cases against Lula

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  • Photo by the author Estadão

Published on October 29, 2024 at 10:11 am

Minister Gilmar Mendes

Minister Gilmar Mendes Credit: Marcelo Camargo/Agência Brasil

Minister Gilmar Mendes, of the Federal Supreme Court (STF), annulled all convictions against José Dirceu in Lava Jato. The former minister of the Civil House was convicted by Sergio Moro in 2016 and the new decision takes into account the judicial decision that considered the former judge a suspect in cases against Lula.

The convictions in Lava Jato totaled 23 years in prison for passive corruption, receiving undue advantage and money laundering. The PT member was arrested in May 2018 and later released. He was then arrested in 2019 and released again.

In February, Minister Edson Fachin annulled the convictions of former PT treasurer João Vaccari Neto and marketers João Santana and Mônica Moura. All were reported by Lava Jato and investigated for receiving slush funds for the PT in 2010.

Lula’s defense requested that the decision that declared Sergio Moro partial in cases related to the current president of Brazil in Lava Jato also be applied to José Dirceu. The process is being conducted in secrecy.

Remember the Lava Jato convictions annulled by the STF

In February, STF minister Edson Fachin annulled the convictions of former PT treasurer João Vaccari Neto and marketers João Santana and Mônica Moura. They had been denounced by Lava Jato for allegedly receiving slush funds for the PT in the 2010 elections. In Fachin’s opinion, the process should have been processed in the Electoral Court of the Federal District, and not in the 13th Federal Court of Curitiba.

Last year, under the report of minister Cristiano Zanin, the STF annulled the conviction of former federal deputy André Vargas for procedural reasons, based on a previous resolution of the collegiate. The Court had decided that the 13th Federal Court of Curitiba could only judge and condemn illegal acts within the scope of Petrobras, making André Vargas’ conviction there unfounded.

Vargas was the first politician convicted of Lava Jato. In September 2015, former judge Sérgio Moro convicted the parliamentarian for the crimes of passive corruption and money laundering. Altogether, the sentences exceeded 15 years in prison.

Also in 2023, Minister Dias Toffoli determined the “absolute nullity” of all acts carried out by Lava Jato against the former governor of Paraná Beto Richa (PSDB), currently a federal deputy. The minister’s decision accepted a request from Richa’s defense that alleged procedural defects. According to the parliamentarian’s lawyers, and as understood by Toffoli, prosecutors Deltan Dallagnol and Diogo Castor de Mattos, in addition to judge Sérgio Moro, had acted in a “partial” manner.

The biggest setback of Lava Jato in the STF originated from an investigation that accused Eduardo Paes (PSD), current mayor of Rio de Janeiro, of money laundering and slush fund during the campaign for Rio mayor in 2012. In 2019, the issue reached the Supreme Court.

The Court’s decision generated a disastrous “cascading effect” for Lava Jato, as the STF decided that the practice of slush funds is the exclusive responsibility of the Electoral Court. Thus, the Federal Court, in which the task force’s cases were being processed, was dismissed from all charges of this kind.

This was the precedent that opened the way for the annulment of the case against former federal deputy Eduardo Cunha (PRD), who had been sentenced to 15 years in prison for crimes of corruption and money laundering. Cunha was tried by the 13th Federal Court of Curitiba, but the STF was called to judge the jurisdiction of the case. In May 2023, by 3 votes to 2, the Second Panel of the Court understood that, in fact, the former president of the Chamber of Deputies should have been prosecuted in the Electoral Court.

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Michelle Williams

I'm Michelle Williams, an enthusiastic author specializing in captivating entertainment content on Rwcglobally.com. With a passion for storytelling and a keen eye for the latest trends, I aim to engage readers with compelling narratives that reflect the dynamic landscape of the entertainment industry. Join me on Rwcglobally.com to explore the world of film, television, music, and more, as we uncover the stories that define contemporary culture.

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