The fifth class of the (Superior Court of Justice) upheld, on Tuesday (7), decision of Minister Reynaldo Soares da Fonseca who annulled an excerpt from one that provided subsidies for disposal, one of Brazil.
Unanimously, the class ministers decided to overthrow a piece of collaboration. The rapporteur already had, and put his decision to evaluate the board.
At the trial, Reynaldo said the decision applies only to a specific case and not for all actions dealing with the denunciation. However, it paves the way to expand this understanding to a series of other actions.
The denunciation is a fundamental part of Operation Desport, which was started in 2018 and investigated suspicion of 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.
After Reynaldo’s decision in July, other deleted defendants tried to overthrow their lawsuits in the Federal Court of São Paulo.
In addition to him, they voted to maintain the decision Ministers Ribeiro Dantas, Joel Ilan Paciornik and Marluce Caldas.
They accepted arguments from the defense of, a businessman investigated in several scandals.
Carbonari’s defense states that the lawyer’s denunciation breaks the secrecy of law, although both the prosecutor and whistleblowers claim that the collaboration deal with services provided that were not related to law enforcement activities and were only irregular washing and evasion operations.
The reported denunciation is that of lawyer and singer Luiz Carlos d’Afonseca Claro, also known as Lulli Chiaro, and his son Gabriel.
The Claros Office points to the collaboration, signed false law contracts or, in this case, of false purchase and sale of goods, to operate illicit business.
The stretch annulled by the STJ deals with a Claros contract with a carbonari company that, according to the whistleblowers, was intended to commit irregularities such as money laundering.
At Tuesday’s trial, Carbonari’s lawyer, Gustavo Teixeira, said Luiz Claro provided legitimate law services to his client, and gained causes of ICMS at the São Paulo Court of Justice. Therefore, he could not have reported the businessman.
Minister Reynaldo then said there was a hiring of attorney services prior to any illicit, and that irregular conduct only happened “when the lawyer and client relationship became more confidence.”
This previous relationship was used as a justification to nullify the stretch of the denunciation.
According to the minister, the decision is based on precedents from the STJ itself and also the minister, the (Supreme Court).
Sought, Claros lawyers Danyelle Galvão and Ortélio Marrero said the defense “reiterates all commitments signed when the award -winning collaboration agreement.”
