A decision by Minister Reynaldo Soares da Fonseca, the (Superior Court of Justice), put actions from one of Brazil at risk.
The minister annulled, during the judicial recess, excerpt from the award -winning denunciation and paved the way to expand this decision to a series of other actions.
Sought, the STJ Minister said, by means of a note from the court’s advisory, that the case should be taken to a fifth class decision in October.
In the July decision, Reynaldo upholded the argument of the defense of a businessman suspected of operating the finances of a series of schemes.
The lawyers argue that the denunciation breaks the secrecy of law, although both the prosecutor and the whistleblowers say that the services provided were not related to attorney activities and were only.
The minister’s decision involves Operation Desport, which began in 2018 and investigated suspicion of corruption and other irregularities, banks executives, lawyers, and.
The consequences of disposal include suspicions of fraud in contracts with companies that treat waste, energy and tourism companies, as well as connections that reach cases of.
In recent months, businessmen have become defendants in investigation -related actions.
The reported denunciation is that of lawyer and singer Luiz Carlos d’Afonseca Claro, also known as Lulli Chiaro, and his son Gabriel. Claro’s office points out the collaboration, signed false law contracts to operate illicit business.
The STJ minister annulled an excerpt from the denunciation during this year’s judicial recess at the request of Marco Antônio Carbonari, a businessman investigated in several scandals.
“The understanding should prevail about the impossibility of the lawyer to denounce his client, otherwise the right of defense is weakened,” the magistrate said in his decision.
“Thus, the award -winning collaboration should be considered invalid in what refers to the applicant, as well as the evidence from there derived.”
The minister’s decision is restricted to the so -called Silicon Operation, an offshoot of discarding that investigated suspicion of corruption, money laundering and tax evasion linked to a technology center, and which is involved in the investigated entrepreneur.
The Attorney General’s Office appealed the decision on the grounds that the services mentioned in the clear denunciation were not law.
The STJ will still analyze the appeal in a collegiate way, but the defenses are already requesting in criminal actions that are processed in the Federal Court of São Paulo that evidence arising from the allegations is overthrown.
One of these actions involves suspicions of corruption and money laundering related to Milton Lyra, a lobbyist appointed as an operator of politicians who were affiliated with the MDB.
In addition to Lyra and Carbonari, who obtained the decision at the STJ, former BMG vice president, which was targeted in 2020 of search and seizure.
The Attorney’s Office considers Alaor one of the pivots of a money laundering scheme. His defense was not found by the report.
In addition, there is also a similar request in an action arising from the accuracy operation, a breakdown of the disposal that dealt with issues related to one of those involved in the CVID CPI.
One of the defendants in this case is Francisco Emerson Maximiano ,. He was one of the main targets of the parliamentary committee that investigated suspicion of irregularities in the negotiation for the purchase of the Covaxin Indian vaccine by the government (PL).
In the case related to disposal, the Attorney and the Federal Police pointed to suspicions of payments of bribes to politicians in exchange for support in the hiring of Maximian companies by Petrobras.
The report was unable to locate Alaor’s defense. Sought, Marco Antônio Carbonari and Francisco Maximiano did not want to speak up.
At previous times, Carbonari’s lawyer said his client did not commit irregularities and that “the accusations that the entrepreneur is an operator are false and there has never been any evidence of effective delivery of values in species or payments of advantage to politicians.”
Claro lawyers Danyelle Galvão and Ortélio Marrero said the defense “reiterates all commitments when the award -winning collaboration agreement.”
