Former senator Fernando Collor is convicted by the STF of corruption and money laundering
Eight ministers chose to condemn the former senator for passive corruption and money laundering. The sentence, however, will be determined next week.
Photo Reproduction / Adriano Machado
O Supremo Tribunal Federal (STF) condemned this Thursday (25) former president and former senator Fernando Collor de Mello for passive corruption and money laundering. In this Thursday's session, the Court continues to debate whether Collor was involved in a criminal association or criminal organization. It is important to highlight that the typification of the first is considered less serious compared to the second.
The decision
In the last session, which took place on the 18th of this month, the minister Alexandre de Moraes, which had already expressed its vote, decided to change its position to criminal association. During this Thursday's session, supreme president, Rosa Weber, cast his vote, thus closing the process. With the inclusion of Weber's vote, eight justices decided to condemn Collor, while two others voted for acquittal.
Crimes committed by Collor
The case in question is a branch of the Operation Lava Jato and involves the former senator, along with two other defendants: businessmen Luis Pereira Duarte of Amorim and Pedro Paulo Bergamaschi of Leoni Ramos. In the indictment, Amorim is named as administrator of Collor's companies, while Ramos is said to be the former congressman's personal operator.
Initially, the Public Ministry accused the former senator of receiving bribes in the amount of R$ 29.9 million through business of the BR Distribuidora, a subsidiary of Petrobras responsible for the sale of fuels. However, the justices considered that the value of the bribe was R$ 20 million. According to the complaint filed in 2015, the payments took place between 2010 and 2014, and are related to a transaction involving a subordinate, which had two directors appointed by the senator at the time.
Defenses of the Defendants
In a session held last Thursday (11), the lawyer Marcelo Bessa, Collor's representative, argued before the ministers that there is no evidence to prove the former senator's involvement in irregular acts.
"In none of these sets of facts did the Public Prosecutor's Office provide sufficient evidence or evidence capable of generating the slightest certainty regarding Fernando Afonso Collor de Mello's guilt. That is the reality," he said and added, "There was no probative effort by the Ministry Public. And there couldn't be, because the reported facts did not occur in the way indicated in the complaint".
José Eduardo Alckmin, the lawyer of another defendant named Pedro Paulo Bergamaschi de Leoni Ramos, also stated that there is no evidence other than the award-winning collaboration.
"A good examination of the records reveals that there really is a plea bargain, which, let's face it, has become a rather reckless practice in Brazil", stated Alckmin.
According to Milton Gonçalves Ferreira, lawyer for Luis Pereira Duarte de Amorim, the third defendant, his client leads a modest and respectable life, being exclusively an employee of a private company in Alagoas.
"There is absolutely no trace of guilt in these records. Nothing in the instruction indicates that Luís Amorim had any kind of awareness or awareness of alleged requests for undue advantages. Absolutely not. Amorim is an innocent man", declared the lawyer.
Determination of penalty
The definition of the penalty to be applied is the next step, expected to take place today. The minister Edson Fachin, case rapporteur, accepted a sentence that includes more than 33 years in prison, imprisonment with a fine, compensation for damages, confiscation of property related to the crime and exclusion from holding public office.
The plenary must assess which crime Collor will be framed to determine his sentence. One option is the crime of criminal association, suggested by theMinister André Mendonça, while the other is the crime of criminal organization, proposed by the rapporteur. Regarding this issue, three ministers support the position of the rapporteur on criminal organization: Luís Roberto Barroso, Cármen Lúcia and Luiz Fux. However, ministers Dias Toffoli, Alexandre de Moraes and Rosa Weber voted with Mendonça. If the sentence exceeds 8 years, Collor must serve the sentence in a closed regime, that is, in prison.
