The minister requested prominence and sent the judgment of an appeal by the former president’s defense to the physical plenary of the (Supreme Federal Court).
Mendonça’s decision was made in , when there was already a majority of 6 to 2 against Collor’s request to reduce the sentence.
The minister, rapporteur of the process, voted against Collor’s appeal. It was followed by , , , and .
The ministers voted to reduce the former president’s sentence. to judge the case because he worked in Lava Jato cases.
The trial will reach the physical plenary with a majority, but during the discussion that will take place, ministers will be able to adjust their votes, which could lead to changes in the sentence to be imposed on the former president.
As there is no forecast for the case to be discussed in the physical plenary, Collor saves time, since in the virtual session the case would be closed this Monday (11).
for the crimes of passive and money laundering. The sentence was set at the time at eight years and ten months in prison.
Collor’s defense tries, with the appeal, to change the dosimetry of the sentence and prevent him, even if convicted, from going to prison.
This is because, in the understanding of Collor’s defense, reducing the sentence for passive corruption to four years would make the crime time-barred. In this scenario, the former president would only have to serve the sentence for money laundering, stipulated at four years and six months.
The possible reduction of the final sentence — from eight years and ten months to four years and six months — could also change the fulfillment of the sentence, going from a closed regime to a semi-open regime. Collor is a first-time offender, which can convert prison into community service.
The former president has no longer held public office since last year, when his term as senator for Alagoas ended. He remains affiliated with the PRD (formerly PTB).
It is not yet possible to know when Collor could be detained, as the Supreme Court’s jurisprudence provides that convicts should only begin serving their sentence after all appeals have been exhausted (final and unappealable).
The complaint against the former president was presented by the (Attorney General’s Office) in August 2015 within the scope of the . He was accused of receiving bribes from a corruption scheme at BR Distribuidora, a subsidiary of Petrobras.
According to the conviction, the former president would have influenced the company’s command and management, from 2010 to 2014, to guarantee the signing of contracts between the state-owned company and the construction company UTC. In return, Collor would have received R$20 million.
UNDERSTAND COLLOR’S TRIAL IN
Or case
Fernando Collor is accused of receiving bribes in a corruption scheme involving BR Distribuidora, a subsidiary of Petrobras. Between 2010 and 2014, the then senator influenced the company’s management, which led to the signing of contracts with the construction company UTC. The conclusion of the agreements led to Collor receiving R$20 million
Lava Jato
The complaint against Collor was one of the first offered by the PGR (Attorney General’s Office) as part of Operation Lava Jato, in August 2015. The crimes are passive corruption, money laundering and criminal organization
Judgment
In May 2023, the Supreme Court decided, by 8 to 2, to convict the former president for the case, attributing to him the crimes of passive corruption and money laundering, leaving aside the criminal organization due to disagreement between the ministers. Kassio Nunes Marques and Gilmar Mendes voted for Collor’s acquittal
Regime
The Penal Code establishes that anyone sentenced to more than eight years in prison must begin serving it in a closed regime. The Supreme Court formed a majority against Collor’s defense appeal to reduce the sentence
Effects
Collor may still present a new appeal to delay the application of the sentence, such as motions for clarification, questioning omissions in the decision, and infringement motions, which question a non-unanimous ruling. As the first appeal was denied, the Supreme Court may understand new requests as delaying and order the arrest of the former president
Defense
The former president’s defense stated, at the time of the trial, that there was not enough evidence to convict. Collor himself has always denied having any participation in the scheme
