The minister, of the (Supreme Federal Court), annulled all the acts of the former judge against the lobbyist, who was convicted together with the former president of the in a case related to secret accounts in Switzerland.
As in other processes, Toffoli was based on dialogues obtained by Operation Spoofing (which investigated those responsible for hacking and leaking conversations from prosecutors) to make the decision.
The dialogue on which the annulment was based took place between the former prosecutor, then coordinator of the Lava Jato task force, and Moro.
In it, Deltan says that he already had a date set for the arrest of MDB operators, if he was able to authorize the operation in time.
Moro responds: “I dispatched both cases in the morning. [João Augusto] Rezende just [prisão] temporary. I think for the [prisão] preventive, the test needs to improve.” Deltan replies: “Thank you for informing!”.
In his decision, Toffoli says that in the dialogue, “judge and prosecutor expressly discuss preventive detention.”
“The content of the dialogues obtained in Operation Spoofing demonstrates the strategy jointly orchestrated against the applicant”, states the minister.
“The clear mixing of the role of prosecution with that of judging has been demonstrated, to the detriment of their fundamental rights to full defense and due legal process, eroding the foundations of the democratic criminal process.”
The lobbyist is a defendant in five actions, including the one that took place together with Eduardo Cunha. The cases against him must be dropped with Toffoli’s decision.
In a note, his defense stated that “the decision handed down by the STF rescues legality, due process and other guarantees constitutionally guaranteed to those who are the target of investigations or criminal actions, appearing as a measure of justice and security for all those under jurisdiction”.
“With regret, relevant values and normative clauses (many of which are set out in the Magna Carta and even in International Diplomas) were forgotten during the infamous Operation Lava Jato, which has been the subject of current attention in the Superior Courts and the National Council of Justice”, stated the note, signed by lawyer Marcelo Lebre.
In the case of secret accounts, Cunha was sentenced in 2017 by then judge Sergio Moro to 15 years and 4 months in prison for receiving and moving US$1.5 million in secret accounts in Switzerland.
The money, according to Lava Jato, comes from payment by Petrobras for the purchase of part of an oil field in Benin, Africa, in 2011. The TRF-4 (Regional Federal Court of the 4th Region) later reduced the penalty imposed by I have lived for 14 years and six months. The case was being processed in the Electoral Court of Rio de Janeiro.
Cunha has always denied having committed irregularities. The former deputy’s defense argued, in recent years, that he was the target of persecution and unfair conviction.
In 2015, upon being arrested, Henriques admitted to the Federal Police that he had . Henriques was identified by the Lava Jato investigations as a lobbyist for the MDB in the International directorate of Petrobras.
He told the PF that when he made the transfer he did not know that the account belonged to Cunha, and that information was only obtained from Swiss authorities two months ago.
In his testimony, he also stated that they helped him in business linked to the state-owned company.
Henrique said that “friends” collaborated with him in transactions linked to Petrobras and in return received money. “If someone helped me, I paid. If someone gave me information, I paid,” he reported.
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