The Attorney General of the Republic appealed the decision of the Minister of the Supreme Court who annulled all acts of the Contra, former Minister of Governments of and (both of).
According to Gonet, “it is not supported by concrete procedural vices or in the absence of just cause,” but in an attempt to detach itself from an “autonomous, valid and robust collection of evidence, whose existence, in part, was recognized by its award -winning collaboration.”
The appeal must be taken to assess the Supreme Second Panel, also composed by ministers Gilmar Mendes, Edson Fachin, Kassio Nunes Marques and André Mendonça.
Despite nullifying Lava Jato acts, Toffoli maintained the award-winning plea agreement signed by the former minister, who acted as Lula’s farm minister and Dilma Civil House, and was involved in scandals that led him to leave his positions.
She came in the wake of other annullations related to Lava Jato, such as acts against businessman Marcelo Odebrecht, who presided over the contractor.
The former minister’s lawyers asked Toffoli to extend to Palocci the benefits granted to Marcelo Odebrecht, arguing that messages obtained by Operation Spoofing (which investigated those responsible for hackear and leaking prosecutors) pointed to Moro’s partiality and “undeniable procedural framework between prosecution and defense.”
They stated that Palocci was the victim of a “true conspiracy with political goals” to reach Lula and the PT.
According to them, the former minister was a topic of conversations because he was the top of the PT and “in the eyes of the task force would be an important ‘step’ to enable the advancement of persecution against that political association and Luiz Inácio Lula da Silva”.
In his decision, Toffoli said messages exchanged between Moro and then Lava Jato coordinator, Deltan Dallagnol, suggest bias and even instructions to make it better.
In the appeal, Gonet states that the “is not focused on defending the excesses in Operation Lava Jato – which have, in large part, addressed, with the annulment of sentences and vices”.
“The Public Prosecution Service aims to prevent health evidence, obtained through precautionary measures and other procedures, are improperly taken from the plan of legal existence, without prior and individualized analysis,” he says.
Palocci in a phase of the Lava Jato baptized as Omertà, a Neapolitan term that defines the Honor Code of the southern mobster organizations of Italy.
The expression appears in one of the dialogues in which of the former minister. They point out that even the then judge used the word Omertà to refer to the silence of the petistas.
“Russo [apelido de Moro na força-tarefa] He commented that although it is difficult to prove it is the only one who broke Omertà Petista, “said prosecutor Paulo Roberto Galvão to his colleagues in an application messaging group on September 25 of that year.
Moro had doubts about the evidence presented by Palocci, according to the dialogues, but decided to publicize excerpts from the denunciation on the eve of the 2018 presidential election. Then the then magistrate left the role and became minister of the Jair Bolsonaro government.
Palocci was unable to close an award -winning agreement with the Attorney’s Office, which justified a lack of evidence. But the collaboration was accepted by and approved at the Federal Regional Court of the 4th Region.
The former minister left prison in November 2018. It was stipulated that he would pay a fine of $ 37 million.
