The Minister of (Supreme Federal Court) voted on Friday (15) to maintain the decision that he annulled the acts of the former minister, both in relation to the actions taken by the federal task force and by the then judge.
The case is tried in the second class of the Supreme, which is composed of the two ministers and also by André Mendonça, Gilmar Mendes and Edson Fachin. Gilmar followed Toffoli’s vote, while the other two ministers managed to manifest themselves.
Kassio had asked for a view (more time for analysis) from the trial and returned with his vote on Friday.
Toffoli decided to nullify acts against Palocci in February this year. At the time, he maintained the award-winning plea agreement signed by the former minister, who acted as Lula’s Finance Minister (PT) and Dilma Rousseff’s Civil House (PT) and got involved in scandals that led him to leave his positions.
The (Attorney General’s Office) appealed the decision of the minister, and the case was taken for analysis of the Second Class.
Toffoli’s decision came on the wake of other annullations related to Lava Jato, such as acts against businessman Marcelo Odebrecht, who presided over the contractor.
The former minister’s lawyers asked Toffoli to extend to Palocci the benefits granted to Marcelo Odebrecht, arguing that messages obtained by Operation Spoofing (which investigated those responsible for hackear and leaking prosecutors) pointed to Moro’s partiality and “undeniable procedural framework between prosecution and defense.”
They claim that Palocci was the victim of a “true conspiracy with political goals” to reach Lula and the PT.
In his decision, Toffoli says messages exchanged between Moro and then Lava Jato coordinator Deltan Dallagnol, suggest bias and even instructions for the prosecutor to perform better.
“The necessary fight against the law fiscal and applicator to breach it, and it should be mourned that this behavior, duly identified from operation dialogues, has fed into nullity, with huge damage to Brazil,” says Toffoli in the decision.
“In other words, what could and should have been done in the form of the law to combat corruption was performed clandestinely and illegally, equating accusing agency to the defendants in the common ditch of conduct typified as a crime.”
Palocci in a phase of the Lava Jato baptized as Omertà, a Neapolitan term that defines the Honor Code of the southern mobster organizations of Italy.
The expression appears in one of the dialogues in which of the former minister. They point out that even then Judge Sergio Moro used the word Omertà to refer to the petistas.
