OAS criticizes Toffoli decisions and warns of legal insecurity

by Andrea
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The Organization of American States (OAS) has stated that the annulment of Odebrecht tests and the renegotiation of leniency agreements in Brazil can “undermine public trust” and generate “legal uncertainty.” The conclusions are part of the report published on Wednesday, 19, by the Commission of Experts of the Monitoring Mechanism of the implementation of the Inter-American Convention against Corruption.

The document criticizes the decisions of the Supreme Court Minister (STF) Dias Toffoli, who annulled all evidence of Odebrecht’s leniency agreement – currently Novoonor – and suspended the fine imposed on the company. According to the organization, these decisions cause “uncertainty” about compliance with agreements and may compromise the fight against corruption in the country.

The Executive Director of International Transparency, Bruno Brandão, said that the lack of proper regulation prevents control over the legality and compliance with these agreements. “For almost a decade, information about the transnational bribe confessed by the company in more than a dozen countries remain under confidential and, with recent cancellations, it is possible that they will never come to light. It is not worthy that Brazil becomes a proof cemetery on transnational corruption,” he said.

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The report recommended that Brazil evaluate the implementation of leniency agreements to correct challenges and increase transparency and suggests that the country typifies illicit enrichment as a crime.

International transparency had already denounced the OAS which classified as “dismantling of the policies to combat corruption” in Brazil and other Latin American countries. The organization also criticized Toffoli’s decision that annulled the actions against former Minister Antonio Palocci.

In a statement, the organization classified the measure as “another step in the dismantling of macrocorruption confrontation” in Brazil and warned that such decisions shake society’s confidence in the STF.

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