Odebrecht entrepreneurs defend confiscation only after conviction and exhaustion of funds, even in cases with award -winning collaboration agreements
The (Federal Supreme Court) again judges this Wednesday (9.ab.2025) a series of funds in actions of Operation Lava Jato to decide when the confiscation of goods related to the practice of corruption should be made.
Businessmen of the then (current Novoonor) who signed award -winning denunciation agreements that determined the resignation of amounts deposited in abroad, real estate and works of art claim that the loss is only made after any conviction and when no further appeals.
The 6 appeals have been under analysis in the court’s virtual plenary since 2022. With Minister Dias Toffoli’s prominent request, the trial was transferred to the physical plenary.
The rapporteur of cases, Minister Edson Fachin, had voted to reject the resources and maintain the “Permission of goods”. The practice is established by the money laundering law (), which determines the loss, in favor of the Union or the States, of all assets, rights and values related to the commission of crimes.
According to the minister, the confiscation of the assets was accepted by the parties in the award -winning delation agreements that were signed with the Public Prosecution Service and approved by the Supreme Court in 2017. Therefore, Fachin understands that there is no irregularity and that the perpetrators must comply with the agreed duties. Read the full and the minister (PDF – 140 and 156 kb).
The magistrate was accompanied by ministers Alexandre de Moraes, Flávio Dino and Cármen Lúcia. Minister Cristiano Zanin declared himself prevented from voting.
Minister Gilmar Mendes opened the divergence. He stated that there are elements that allow to question the voluntarism of the investigated to close the agreements. Cites the irregularities revealed by Operation Spoofing, which showed the existence of a “Conliio” between the then federal judge and today Senator (União Brasil-PR) and members of the Public Prosecution Service.
In his vote, the magistrate argued that most of the applicants were not convicted, one of them had one of the complaints rejected, another received and has another case in appeal. The cases are under confidentiality. Read the full of Gilmar (PDF – 156 kb).
It was accompanied by Minister Dias Toffoli, who is rapporteur of different actions at the Court that nullified the condemnatory acts of Lava Jato. The most recent, against former Finance Minister Antonio Palocci, for the 2nd class.
Plenary
There are still other prominent items on the agenda. They are:
- slave () – The Supreme Court analyzes an action of the (National Confederation of Trade in Goods, Services and Tourism) against excerpts of the State of São Paulo that establishes the revocation of the registration of companies for work analogous to slavery. The entity argues that the law is unconstitutional because it penalizes companies for crimes committed by outsourced;
- damage to manifestations () – The Court decides whether the state is responsible for the injury of protesters caused by the security forces in protests.
