Among the arguments of the defendants’ defenses of Lieutenant Colonel, only a possible lack of voluntarity of the whistleblower could harm the use of evidence and interfere with the process in the (Supreme Court) that investigates the 2022 coup plot, experts heard by Sheet.
This scenario, however, is considered remote in the case of the military, who has publicly reiterated the hygidity of the agreement.
The other possibilities – as possible omissions or breach of confidentiality, with the disclosure of information regarding collaboration – would have the potential to harm CID only, which could lose its benefits.
The collaboration of the military has been contested by lawyers of accused of the coup plot. The defenses of the former president (), whom I CID was an order assistant, and asked for annulment of the agreement under and told details of their testimonials to friends. The request was initially denied by, who cited the current phase of the process, and can be analyzed at the final judgment.
Also requested the nullity of the defense of the defense of Marcelo Câmara, former advisor of Bolsonaro and defendant in the case of the coup plot on suspicion of obstruction of justice. In this case, the request also cites possible breakdown of the request and has photos and delivered to the court by his lawyer and that would prove the breach of confidentiality made by the whistleblower. Mauro Cid denies this.
It would also compose proof of non -compliance with a profile that would have been used by ICD on social networks to talk about the denunciation, an episode questioned by Bolsonaro’s defense during interrogation on June 10 at the STF.
For lawyer Rogério Taffarello, a specialist in Criminal Law and partner of Mattos Filho, the leakage of audio and messages can base the loss of ICD benefits. “There should be a proportionality assessment, [sobre se] This is a violation serious enough for the termination of the agreement. There are a number of clauses, some whose violations are less relevant, some more. “
Ricardo Yamin, a doctor of law from PUC-SP, agrees that breach of confidentiality can give rise to the loss of benefits combined between Ae Cid. The content of the denunciation, however, would remain intact. It would tend to happen if the military was proven to lie.
Cid’s denunciation has helped to substantiate PF report and report by PGR (Attorney General of the Republic) about the coup plot, mapping the participation of Bolsonaro and other actors and providing details on issues such as the scammer draft and the Yellow Green Draw Plan, which provided for the murder of Moraes, President Lula (PT) and Vice President Geraldo Alckmin (PSB).
The agreement or deprivation of deprivation of less than two years, as well as the restitution of assets and values seized. It is also planned to extend the benefits to ICD family members, as well as PF action ensuring safety.
The case of omission in the testimony of ICD could also result in loss of benefits, but legal practice has been a request for adjustment in the employee’s testimony, says Thiago Bottino, professor of FGV Law Rio. “This happened with several companies in Lava Jato, such as Odebrecht and Andrade Gutierrez,” he says.
A scenario with a lack of voluntarity, however, would make room for the annulment of evidence and could impact the whole process. The possibility, however, is considered remote by the experts heard by the Sheet because the employee himself repeated in official statements his willingness.
Mauricio Stegemann Dieter, professor at USP Law School, points out that Cid had recorded his delation negotiations and that the official content about the nomination or not of illegal embarrassment is obtained at the military’s meetings with justice, not in private messages.
“Anyone willing to make a denunciation feel pressured, but why she would do [um acordo de colaboração]? The pressure is inherent in the denunciation, “says Dieter.” There is no way to suppose the involuntarity that would remove the validity of the denunciation from a ‘outburst’, “he says in reference to the content of leaked messages attributed to ICD.
Jordan Tomazelli, Master in Procedural Law from UFES (Federal University of Espírito Santo) and author of the book “The Game of Awarded Collaboration”, sums up the fact that the messages disseminated seem to signal that the military had room to maintain his version of the facts, despite speaking of pressure.
He cites as an example in which Cid would have said that even directed he did not use the word “blow” in his statement.
For Luísa Walter da Rosa, Master in State Law from UFPR (Federal University of Paraná) and author of books on criminal agreements and award-winning collaboration, adds to the unchagment of acceptance by the court order in favor of annulment that only parts of the agreement, ie the ICD and the Federal Police, could question voluntarity.
“One thing is the collaboration agreement and another is its content. Who has been reported or mentioned in this agreement is not part of it. It cannot question the validity of this term that was made between the state and the defense,” he says.
On the future possibility that the agreement falls, such as episodes in Lava Jato, experts mention that the scenario is more unlikely, although it may occur depending on changes in the court or the political scenario, in the opinion of some.
For Dieter, the rules of award -winning collaboration have evolved since the Lava Jato agreements, which would decrease this probability. He also points out that, being judged directly by the Supreme, there would be no case in the case of appeal to another instance.
Understand the criticism of your model
What is it denunciation
The award -winning denunciation, sanctioned in 2013 in the Law of Criminal Organizations, is a means of obtaining evidence. The judge may, in exchange for useful information for the process, grant a series of benefits to whistleblowers, such as a reduction in prison time, replacement of the penalty or even judicial forgiveness
Requirements
For this, the law says, it is necessary that the denunciation translate into results, such as the identification of others involved in the criminal organization, the revelation of its hierarchical structure or the prevention of other crimes
Changes in the Law
The award -winning allegations were modified by the anti -criminal package sanctioned in 2019, receiving a series of rules for approval of the instrument, including the “voluntariness of the manifestation of will, especially in cases where the employee is or was under the influence of precautionary measures” “
Criticism of the model
Those who criticize the model claim to have a risk for employees to impute false accusations to third parties in an attempt to get the relaxation of prison; Recurrently used in Operation Lava Jato, President Lula (PT) was a great critic of the agreements, and Dilma Rousseff (PT), who sanctioned the law that provided for the instrument, regretted the creation of what he called the “gun of agency” “
