The minister of the (Supreme Federal Court) validated on Friday (15) to which signed leniency agreements within the scope of.
The new parameters, such as changes in the payment schedule, possibility of using tax loss credits to pay part of the outstanding balance, is applicable to UTC, Braskem, OAS, Camargo Corrêa, Andrade Gutierrez, New Participations and Odebrecht contractors.
Shortly after the decision, the Supreme Court started a virtual trial that defines parameters for new leniency agreements in a session that lasts until next Friday (22). There may be a request for view (more time for analysis) and highlight (which brings judgment to the physical plenary).
Renegotiation, according to a technical note from the TCU (Federal Court of Audit), should reduce what.
In his decision, however, Mendonça emphasizes that “no reduction or discount on the main debt” and that “concessions made concern exclusively accessory rules were granted.”
Mendonça also denied a request that the renegotiations to Lava Jato contractors also value to other companies that signed agreements with only the.
If he had granted this request, the decision could benefit from the Wesley brothers and. The company closed with the Federal Prosecutor an agreement that.
In his vote in the trial that will define the parameters for the injunctions, Mendonça also manifests itself against the invalidation of agreements entered into by the Public Prosecution Service, without the participation of the (Comptroller General of the Union).
The action dealing with Supreme Lencies is an ADPF (action for non -compliance with a fundamental precept, a process that aims to protect the Constitution) presented in 2023 by PSOL, PC do B and Solidarity parties.
In it, the parties asked for the suspension of payment of fines “in all leniency agreements celebrated between the State and companies investigated during Operation Lava Jato” until August 2020.
At the time, a technical cooperation between sectors of the government and the prosecutor was signed, defining guidelines for these negotiations.
Also according to the parties, the punishments applied to the leniency agreements were harmful to companies. The action asked them to be reviewed and that there was an interpretation of the Supreme that would remove “once and for all, the punishment and unconstitutional hermeneutics of the lava-japtism” in the agreements.
The negotiation table between the companies and the Union was installed by Mendonça in February 2024, in reaction to the decisions of the minister to suspend OE.
In announcing the opening of the negotiating table, the minister defended the leniency agreements as an instrument to combat corruption and stated that the conciliation would not serve to do “historical revisionism” of what happened in the Lava Jato.
