President of the (Supreme Federal Court), the minister scheduled the trial in the plenary of , convicted by , for this Wednesday (13).
The trial took place in the court’s virtual plenary session last week, with a partial score of 6 to 2 against the request of Collor’s defense. The case will now be taken up for discussion in the plenary.
The former president’s defense asks the Supreme Court to reduce the sentence for passive corruption. She argues that the court erred in defining the dosimetry of the sentence. The strategy, if successful, could even free Collor from prison.
The minister, rapporteur of the process, voted against Collor’s appeal. It was followed by , , , and .
The ministers voted to reduce the former president’s sentence. to judge the case because he worked in Lava Jato cases. The votes for and were missing.
With the case moving to the physical plenary of the Supreme Court, the ministers will have to present their votes again — and the majority already obtained in the virtual trial will no longer be considered, as the analysis will be restarted.
This was the first appeal presented by Collor in the process. The former president’s defense may file new motions to request a reduction in the sentence. Jurisprudence, however, considers that appeals on topics already rejected are delaying — which could end the action and lead Collor to prison.
for the crimes of passive and money laundering. The sentence was set at the time at eight years and ten months in prison.
Collor’s defense informed that he will not comment. She tries, with the appeal, to change the dosimetry of the sentence and prevent him, even if convicted, from going to prison.
This is because, in the understanding of Collor’s defense, reducing the sentence for passive corruption to four years would make the crime time-barred. In this scenario, the former president would only have to serve the sentence for money laundering, stipulated at four years and six months.
The possible reduction of the final sentence — from eight years and ten months to four years and six months — could also change the fulfillment of the sentence, going from a closed regime to a semi-open regime. Collor is a first-time offender, which can convert prison into community service.
The former president has no longer held public office since last year, when his term as senator for Alagoas ended. He remains affiliated with the PRD (former).
It is not yet possible to know when Collor could be detained, as the Supreme Court’s jurisprudence provides that those convicted should only begin serving their sentence after all appeals have been exhausted (final and unappealable).
The complaint against the former president was presented by the PGR (Attorney General’s Office) in August 2015 within the scope of the . He was accused of receiving bribes from a corruption scheme at BR Distribuidora, a subsidiary of Petrobras.
According to the conviction, the former president would have influenced the company’s command and management, from 2010 to 2014, to guarantee the signing of contracts between the state-owned company and the construction company UTC. In return, Collor would have received R$20 million.
Proofs found in the money changer’s office, in addition to statements from collaborators in the operation, were used as evidence in the action against Collor.
Collor’s defense argued to the Supreme Court that the accusations against the former president are based only on plea bargains. Lawyer Marcelo Bessa said there was no evidence against his client.
