The minister, of the (Supreme Federal Court), postponed the reading of his vote on the requests of Lava Jato whistleblowers against the loss of his assets before the actions against them are closed.
The case was restarted on Wednesday (9) and would resume in the second part of Thursday’s session (10) with the demonstration of Toffoli.
However, only half an hour was missing for the time of closing the session and the minister asked the case to be based on another occasion to have more time to give his position on the subject. The minister has a long vote on the matter.
It will be up to the President of the Court, Luís Roberto Barroso, to set a new date to follow the case.
So far, the trial has had two votes, in different meanings: the rapporteur, Minister Luiz, and the minister.
For Fachin, since the denunciation has been approved, there is no reason to wait for the res judicata to comply with a part of the agreement. Also, for him, the immediate confiscation of the goods avoids the permanence of illicit assets in the hands of involved, safeguarding the public interest.
Gilmar Mendes, on the other hand, pointed to irregularities of the agreements in front of the dialogues released by the so -called Vaza Jato and the (which investigated those responsible for hacking and leaking conversations of prosecutors).
The dean also said that the automatic and immediate anticipation of penalties “without denunciation, without proceedings, without judgment or without condemnation of res judicata” violates the Democratic Rule of Law.
The Court analyzes six funds against Fachin decisions for immediate loss of assets, including amounts in abroad accounts, real estate and art works listed in award -winning denunciation agreements signed with the MPF (Federal Prosecutor) and approved by the then president of the STF, Minister Cármen Lúcia, in 2017.
The processes are under confidentiality and were presented between 2019 and 2021.
He asked her for the Supreme to be obliged to immediately comply with the loss clause, even those who had not been prosecuted or convicted. The seven executives have turned and to this day try to rediscuss the agreement.
For the defenses, on the other hand, the waiver of these assets and values must be made only after the criminal conviction and all appeals exhausted.
Of the 78 executives who became collaborators when Odebrecht negotiated his leniency agreement with Lava Jato, 18 declared resources for loss. In general, funds illegally deposited abroad are related to bonuses paid by the company.
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