The minister, of the (Supreme Federal Court), accompanied the minister and voted to maintain the decision that, former Minister of Governments of Lula and (both do).
Toffoli is the rapporteur of the case and voted to maintain his own decision.
The case is being voted on by the Second Class of the Supreme Court after appeal by the PGR (Attorney General of the Republic) against the annulment.
Palocci was Minister of Lula’s Finance and Dilma Civil House – Charges that left involvement in the scandals investigated in the operation.
The vows of the class president, Minister Edson Fachin, and ministers Kassio Nunes Marques and André Mendonça are still missing. With just one more vote, the majority are formed by the annulment of the processes against Palocci.
Voting occurs in a virtual plenary, where ministers place their votes on the platform remotely. The trial runs until April 4, if the ministers do not ask for a view (more time for analysis) or highlight.
Despite nullifying Lava Jato acts, Toffoli maintained the award-winning plea agreement signed by the former minister. The annulment came in the wake of others related to Lava Jato, such as acts against businessman Marcelo Odebrecht, who presided over the contractor.
According to the Attorney General of the Republic, “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 proof collection, whose existence, in part, was recognized by his award-winning collaboration”.
Prior to the annulment, the former minister’s lawyers asked Toffoli to extend Palocci the benefits granted to Marcelo Odebrecht, arguing that messages obtained by Operation Spoofing (which investigated those responsible for hacking and leaking prosecutors) pointed to Moro’s bias and “undeniable procedural framework between prosecution and defense.”
They claim that Palocci was the victim of a “true conspiracy with political goals” to reach Lula and the PT.
Still 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.”
“The nullities recognized in these records (resulting from the collusion against the aggravated now verified before the 13th Federal Court of Curitiba in the context of) do not affect the validity of the judgment of
Collaboration signed by the aggravated, which was not the object of the decision now questioned, “says the vote of Toffoli.
In his vote, Toffoli stated that “there is no doubt that the purpose of the case was not directed exclusively to President Lula or even the beneficiary of the decision rendered in PET 12.357, used as a paradigm in the present done.”
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. He left prison in November 2018. It was stipulated that he would pay a fine of $ 37 million.
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.
Since 2023, Toffoli. We benefited from this type of decision two former presidents of contractors who signed a denunciation: Léo Pinheiro, from the former OAS (present-day Metha), and Marcelo Odebrecht.
The collaboration agreements, like Palocci, were not overthrown. That is, the fines that the two pledged to pay remain valid.
Gilmar Mendes, was a central figure in Lava Jato decisions, such as the one that declared the incompetence of the 13th Federal Court of Curitiba and annulled the criminal actions against the President (PT). The minister also voted to consider former judge Sergio Moro partial in proceedings of the operation.
