Supreme Court Minister Kassio Nunes Marques annulled, in a decision last Tuesday, 10, the conviction of former Petrobras president José Sérgio Gabrielli by the Federal Court of Accounts (TCU), for authorizing the acquisition of the second half of the Pasadena refinery higher than that practiced in this type of business, which would cause damage to the oil company.
The acquisition of the Pasadena refinery in 2006 was the target of Operation Lava Jato. A series of reports from Estadão It revealed fraud, overpricing and evasion of currency in the process, in addition to the signature of former President Dilma Rousseff (PT), when he was Minister of the Civil House, in favor of the purchase.
The investigation of the refinery acquisition process identified the receipt of bribes from former Petrobras directors and Gabrielli’s participation in the negotiations.
In deciding in favor of former Petrobras president, Nunes Marques stated that the grounds of the TCU decision, which applied a millionaire fine to Gabrielli, “basically consisted of award-winning lessons to other evidence that corroborates the accusation.”
Gabrielli filed a writ of mandamus to the Supreme Court, in which he argued that he did not oversee all stages of the negotiation led by Nestor Cerveró, former Petrobras international director. The former president stated in the petition sent to Nunes Marques that Cerveró was not his subordinate, but from the board of directors.
Investigations pointed out that Gabrielli was involved in the negotiations and ratified the refinery purchase letter for $ 787 million, almost $ 200 million more than the initial proposal of $ 588 million. However, Nunes Marques considered that “the simple participation of the former manager in the negotiations for the acquisition of the refinery (…) does not imply that he has given the authorization on screen.”
