The court of Rio condemned former governors Sérgio Cabral and Luiz Fernando Pezão, as well as former secretary Hudson Braga, for acts of administrative misconduct that resulted in illicit enrichment and damage to the purse. The decision of the 15th Public Finance Court of the Capital partially accepted the complaint of the Public Prosecution Service of the State of Rio de Janeiro (MPRJ) and recognized the practice of corruption involving various illegal grant schemes of tax benefits in exchange for non -accounted for electoral donations, the so -called boxes 2 and 3.
Cabral was sentenced to the payment of more than R $ 2.5 billion as loss of amounts added to equity, repair of damage and fine; Pezão, more than R $ 1.4 billion; and Hudson Braga, more than R $ 35 million, in addition to the suspension of political rights.
The MPRJ complaint was filed in 2018, through the Specialized Action Group to Combat Tax evasion and the illicit against the tax order (GAESF/MPRJ) and the 3rd Prosecutor of Citizenship Defense Justice. And it demonstrated, based on documents, testimonials and award -winning collaborations, the existence of complex schemes of business favoring and illicit funding of the 2014 electoral campaign, with a deviation from the purpose of state promotion policy and abuse of political power.
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“Thus, the typicality of Article 9, caput, of Law No. 8.429/92, has obtained improper asset advantage due to political office, with serious violation of legality and morality, as well as damage to the electoral process from the perspective of equality of chances between candidates,” says the court.
Due to the receipt of a tuition bribery in electoral donations and for the prioritization of interests of the J&F Group, Pezão was convicted, among other sanctions, to the payment of R $ 15 million as a loss of amounts added to the equity and fine, while Cabral was sentenced to the payment of R $ 30 million. Hudson Braga, as a financial operator of the scheme, was sentenced to the payment of a fine of $ 5 million.
Regarding the practice of administrative misconduct for the granting of irregular financing to the Petrópolis Group, via Fundes, having received non -accounted for operationalized donations unlawfully by the company Odebrecht (Caixa 3), Pezão was ordered to reimburse the public coffers and the payment of a fine of R $ 1.374 billion.
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In the scheme of granting irregular benefits to Fetranspor, with the objective of satisfying their own interests and bus companies, Cabral was ordered to pay more than R $ 2.5 billion as compensation for damages caused due to tax waiver and fines, while Pezão was sentenced to the payment of R $ 1.2 million. Already in the case of receipt of bribes through irregular donations of Odebrecht, both Cabral and Pezão were sentenced to the payment of a fine of R $ 15.6 million, each.
The former governors were also sentenced to the payment of compensation for collective moral damages: Cabral, in the amount of R $ 25 million, and Pezão, of R $ 10 million. In addition, Cabral had his political rights suspended for 10 years, Pezão for 9 years and Hudson Braga for 8 years, according to the court decision.
“Certainly, the realization of a reiterated and continuous act of corruption by the defendants, with a view to maintaining the state government, generated serious damage to collective nature. This is because, with the unbridled granting of tax and tax benefits in deflecting purpose, there was severe and concrete damage to the finances of the state public entity, which contributed certainly to the serious financial crisis of the state of Rio de Janeiro, which still implements the implementation of policies. public.
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The globe tries to contact the defendants’ defenses.