The Supreme Court analyzed an appeal that requested a review of the penalty calculation; trial was restarted after minister André Mendonça’s request for prominence
The (Supreme Federal Court) decided this Thursday (14.Nov.2024) to reject the appeals presented by the former president’s defense that asked for the reduction of the sentence for passive corruption and money laundering in the case of BR Distribuidora, investigated by the Lava operation Jet.
With the score 6-4, Collor remains sentenced to 8 years and 10 months in prison. The winning vote was from the rapporteur, minister Alexandre de Moraes. He was followed by Roberto Barroso (president of the Court), Flávio Dino, Edson Fachin, Luiz Fux and Cármen Lúcia.
Initially, the trial was in , which had already been formed to maintain the sentence. The case, however, was transferred to the physical plenary at the request of Minister André Mendonça. As a result, the ministers had to resubmit their votes.
Dias Toffoli, Nunes Marques, André Mendonça and Gilmar Mendes voted in favor of reducing the sentence to 4 years. They partially complied with the defense’s request. They understood that the calculation of the penalty in the trial ended in a draw and, therefore, the penalty should be considered lower.
Cristiano Zanin declared himself impeded since the trial involves Lava Jato. He was the president’s (PT) lawyer in the operation.
Collor was sentenced by the STF in May 2023 to 8 years and 10 months in prison for passive corruption and money laundering. In the appeal, the defense alleged an error in the dosimetry of the sentence and sought its review.
Even with the Court’s denial in this case, there is still room for appeal. However, if the defense presents the same arguments already analyzed and rejected, ministers may consider it an attempt to delay the process. In this case, the court may accelerate the beginning of the sentence.
COLLOR’S CONVICTION
The case against the former president has been before the Supreme Court since 2018. Before being convicted of corruption and money laundering in the STF, the defense claimed innocence and asked for acquittal.
According to the complaint, Collor was part of a criminal organization installed at BR Distribuidora from 2010 to 2014. He was accused of receiving around R$20 million in bribes for deals involving the company, at the time a subsidiary of Petrobras in the sale of fuels.
Businessmen Luis Pereira Duarte de Amorim and Pedro Paulo Bergamaschi de Leoni Ramos would have helped him defraud state-owned contracts with UTC Engenharia. They were also convicted in the process.
