#Brazilian Federal Supreme Court (STF), Petrobras, Paulo Guedes & Donald Trump. SUMMARY / STF, Petrobras, Paulo Guedes & Donald Trump. RESUMO
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#Brazilian
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José Marcio Article142
Published on Apr 30, 2019
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Brazil Supreme Court Ruling a Blow to Corruption Probe
SAO PAULO —
Brazil’s Supreme Court ruled Thursday that corruption cases involving
illegal campaign donations should be handled by electoral courts, a
move that some prosecutors warned could hurt their groundbreaking
crusade against graft.
Six justices on the nation’s top court cast votes in favor of sending
to electoral courts all cases involving politicians who use money
gained through corruption or money laundering for campaigns, rather than
having them heard by federal criminal courts. Five justices opposed the
decision.
Prominent federal prosecutors warned that could unwind the five years
of work carried out during the landmark “Car Wash” corruption
investigation, which has sent scores of powerful politicians and
businessmen to jail in the world’s biggest graft probe of its kind.
Many illegal campaign donations
Many of the Car Wash convictions, including that of imprisoned former
president Luiz Inacio Lula da Silva, involved illegal campaign
donations as an aspect of the case. Prosecutors argue that could open
the door for Lula and other convicts to ask the top court to annul their
sentences and send their cases to dedicated electoral courts.
“For those who have committed these crimes, this will really be a
prize,” Deltan Dallagnol, the lead prosecutor overseeing the Car Wash
investigation, said in a written statement.
“Defense lawyers for these people will argue their crime was related
to illegal campaign financing ... to move the case to electoral courts
and lessen the chances of a successful investigation and serious
punishment.”
Senator Olimpio Gomes, a strong ally of far-right President Jair
Bolsonaro, who was elected on an anti-corruption platform, tweeted just
after the decision that he had already introduced a bill to reverse it.
The bill would “guarantee the fight against organized crime, corruption
and impunity,” he said.
Others backed the majority in the Supreme Court ruling, saying their argument adhered to the Brazilian constitution.
‘Not prepared’
Brazil’s unique electoral justice system is made up of a rotating
cast of state and federal judges that handle an array of campaign
disputes surrounding local, state and national elections every two
years.
Critics argue that makes them less prepared than federal criminal
courts to address the country’s political graft schemes uncovered in
recent years.
Justice Minister Sergio Moro, who before taking his government post
was the federal judge who spearheaded the Car Wash trials and sent Lula
to jail, said Wednesday that the Supreme Court sending the cases to an
electoral court would be a blow for the country’s push against impunity.
“Electoral courts ... are not prepared to judge more complex crimes, such as money laundering and corruption,” Moro said.
Carlos Melo, a political scientist with Sao Paulo business school
Insper, agreed with Moro’s assessment of the electoral courts. However,
he said the constitution clearly states that crimes connected to illegal
campaign financing must be judged by electoral courts.
“Will this hurt the Car Wash investigation? Sure, it is a blow. But
the prosecutors have ridden a wave of wins, jailed powerful figures like
Lula, and there is the sense they want to have everything go their
way,” Melo said.
If Brazilians want to make prosecutors’ work easier, they will have to find other ways, he said.
“It is now up to Brazilian society to pressure lawmakers and demand
changes to the law,” he said. “Or they can demand that the electoral
courts are strengthened so they can deal with these types of cases.”
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STF, Petrobras, Paulo Guedes & Donald Trump. RESUMO
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