Moved by the PT, the 2021 measure calls for the establishment of constitutional guidelines to prevent abuses in the application of the institute
The minister Alexandre de Moraesof the Federal Supreme Court (STF), released plenary trialon Monday (6), an action filed by the PT that questions the criteria ea regulation of award-winning collaboration agreements established by a 2013 law. The decision was published in the Official Gazette of the Union (DOU) on Tuesday (7).
With the decision, it is now up to the President of the Court, Edson Fachin, to set the date on which the other ministers will decide on setting limits for the use of this legal instrument.
The process had start in 2021when the PT called the STF to avoid interpretations that could lead to arbitrary practices in the application of denunciations. According to the legend, the purpose of the action is not to cancel agreements already approved, but rather to establish “beacon settings” that serve as constitutional limits for the future.
The party argues that the current model allows acts that offend individual fundamental guaranteesciting violations of precepts such as:
- Equality and legality;
- Inviolability of intimacy;
- Non-retroactivity of criminal law;
- Individualization and proportionality of the penalty.
Still in 2021, minister Alexandre de Moraes adopted the rite of request prior information before deciding on the request for precautionary measure. At that time, the then President of the Republic and the National Congress.
After the demonstrations, the process continued to analysis by the Federal Attorney General’s Office (AGU) and the Attorney General’s Office (PGR). The PT maintains that action is necessary to repair injuries to procedural guarantees caused by agreements concluded in possible violation of the constitutional order.
Vorcaro’s possible denunciation
The discussion about the plea bargain takes place in the midst of one, owner of Banco Master, with researchers of the Attorney General’s Office (PGR) and the Federal Police (PF) on the possibility of realizing this benefit.
This first conversation took place a few days after he was arrested by order of the Minister of the Federal Supreme Court (STF) André Mendonça, on March 4th. THE stage of negotiations is initial and there has not yet been, for example, the signing of a confidentiality agreement, which formalizes a negotiation of this type.
The negotiations were initially published by UOL and confirmed by Estadão with sources that follow the case.
Vorcaro’s defense denied that he is negotiating a plea bargain. “Daniel Vorcaro’s defense declares that the news related to Daniel Vorcaro’s plea bargain negotiations initiative is untrue. This information never came from any of the lawyers involved in the case, and its disclosure has the sole objective of harming the exercise of the defense at this sensitive moment”, says the note.
After being arrested in São Paulo, he was . His lawyers requested that the , as is the standard in this type of establishment.
The initial idea in the plea agreement would be that the team of the Attorney General of the RepublicPaulo Gonet, command the negotiations. The PF could participate in the collection of testimoniesbut the terms and clauses would be negotiated and discussed with the PGR.
*With information from Estadão Conteúdo
