A Na (National Council of Justice) last Tuesday (3) used evidence that can reach the root of all the processes of Rio de Janeiro against the former governor.
One of the main elements of the decision was a recording in which the judge about how the interrogation would affect.
The report of Counselor José Rotondano points out how Cavendish’s confession was relevant for Bretas to reinforce the connection between the criminal action of the entrepreneur, and Operation Calicute, against Cabral.
This bond was essential for the against the former governor.
“Fernando Cavendish’s confession was, in fact, very important for the recognition of his competence, as he would guarantee the connection between the two operations cited by Nythalmar Ferreira, the looter and Calicute,” Rotondano said.
The CNJ applied Bretas a penalty of compulsory retirement, among other reasons, because it understood that the magistrate sought to manipulate proceedings in order to confirm his competence to accumulate the conduct of criminal actions.
He denies the accusation and states that “the mere lying words of a criminal lawyer were accepted as truths in the administrative process.”
Since 2021, several processes have been taken from their hands by decisions with the understanding that a. Part of these cases had annulled sentences.
However, some convictions remain valid due to the connection between the looter and the calicute. The Supreme Court understood that complaints against Cabral on charges of involving contractors would still be the responsibility of Bretas.
The counselors did not address the effects of the decision on the acts of Bretas. However, the defense of Cabral will use the decision of the board to make a new attack against the judge’s performance in all cases against the former governor.
The Rio de Janeiro magistrate was responsible for 22 of the 24 convictions against the former governor. Of this total, seven were nullified.
An eventual ripple effect on the sentences against Cabral, however, would not zero the criminal liability of the former governor. He has two criminal convictions not issued by Bretas: one determined by former Judge Sergio Moro and already confirmed at the Superior Court of Justice, on corruption in Comperj, and another by the Rio de Janeiro Court of Justice, on charges of abusive use of state helicopters.
These two convictions maintain the impediment of the former governor apply for the rules in force of the Clean Record Law.
The looting operation focused on the generation of cashier from the Cavendish contractor, led by the payment of bribes. In it there was a mention of illegal transfers to the former governor, although he is not one of the accused of this process.
The reference helped make Bretas predevent to assume the cases involving Cabral. Prevention causes investigations and complaints to be sent directly to a magistrate along with the subject, not drawn, as is the rule. The goal is to avoid conflicting decisions as well as speeding up complex cases analysis.
The recording used in the CNJ shows Bretas talking to Nythalmar about the possibility of Cavendish confession. The lawyer reports fear of the entrepreneur to assume the crimes without an agreement signed by the Federal Prosecutor. The concern was that the Attorney’s Office could lose interest in the denunciation after the testimony.
The magistrate then calls prosecutor Leonardo Freitas to report that Cavendish “is having difficulty confessing” because the team of lawyer Antonio Pitombo, who also defended the entrepreneur, resisted to agree with this guidance due to the non -formalization of the agreement.
The prosecutor said, with the connection in Viva-Voz, that he pledged to continue to defend the signing of the agreement even after the confession. The judge also said he would reduce the entrepreneur’s penalty due to the confession.
The audio shows that Freitas was surprised by Nythalmar’s involvement in the case. He says he was dealing with Cavendish’s denunciation with Pitombo, not with the lawyer present in the conversation.
In fact, Nythalmar had no Cavendish power of attorney to act in the looter at that time. He worked in favor of the entrepreneur in another process, about. Pitombo only left Cavendish’s defense completely in January 2018.
The fact that Bretas dealt with Nythalmar the Cavendish confession even without the power of attorney, the collusion between the magistrate and the lawyer reinforced, for the CNJ.
“In addition to the magistrate promoting informal dealings with the lawyer, who had no power of attorney in the file, he was fully aware of the terms of the collaboration agreement to be signed and made the commitment in relation to the” quantum “of the penalty to be arbitrated. That is, he acted to direct the process to obtain the intended condemnatory result, using an inidneous means and acting in notorious law enforcement Negotiations enhanced between the parties precisely to separate the functions of investigation, accusation, defense and judgment, “said the CNJ report.
