The minister, of the (Supreme Federal Court), annulled on Tuesday (15) all and the former judge against the moneymaker, who was the pivot of the operation.
In his decision, Toffoli states that the nullity of the acts performed in the 13th Federal Court of Curitiba does not imply the cancellation of the award -winning denunciation agreement signed by the money changer.
As in other cases in which he invalidated acts against Lava Jato targets, the minister said there was a collusion between the defense and the accusation.
One of the reasons argued by Youssef’s defense to the minister was one who irregularly recorded 260 hours (11 days) of conversations in Paraná.
Youssef was one of the prisoners identified in the recordings, as was former Petrobras director Paulo Roberto Costa (killed in 2022) and the donor Nelma Kodama, according to a report made by herself.
Toffoli, however, concentrated his decision on messages obtained by Operation Spoofing (which investigated those responsible for hacking and leaking prosecutors) to say that there was a bias in the measures against Youssef.
“The joint objective of obtaining the condemnation of their targets, prosecutors and magistrate deliberately began to combine strategies and measures against the applicant. Indeed, the episode of the applicant’s illegal listening – as follows the due process of law was not even subject to upper cut, as follows – well outline the illegalities to which the applicant submitted to the applicant. [Youssef]”Says Toffoli.
“Due to the severity of the situations posed in these records, confirmed by the dialogues obtained through Operation Spoofing, added to so many decisions set by the STF and also made public and notorious, it would simply be possible to conclude that the applicant was the victim of various arbitrariness,” Toffoli said in his decision.
“Under apparently correct and necessary objectives, but without respect for the factual truth, magistrate and Curitiba prosecutors disrespected due process of law, they acted biased and outside their sphere of competence,” he added.
The decision of the minister comes in the wake of other anniversary related to Lava Jato, such as acts against businessman Marcelo Odebrecht, who presided over the contractor, and the former minister.
Since 2023, Toffoli has been making decisions that nullify Lava Jato acts. We benefited from this type of decision two former presidents of contractors who signed a denunciation: Léo Pinheiro, from the former OAS (present-day Metha), and Marcelo Odebrecht.
The collaboration agreements were not overthrown. That is, the fines that they have pledged to pay remain valid.
Toffoli has been a rapporteur, since Ricardo Lewandowski’s retirement last April last year, of a process on the validity of decisions that use evidence from Odebrecht systems.
In September 2023, the minister determined that the evidence arising from Odebrecht’s leniency agreements are worthless in any scope or degree of jurisdiction.
In December of the same year, Toffoli suspended the payment of the fine of R $ 10.3 billion applied against J&F in the group’s leniency agreement. Then came the suspension of the payment of fines arising from the agreement between Novoonor (former Odebrecht) and the.
