Toffoli suspends fines and authorizes Novonor, formerly Odebrecht, to renegotiate leniency agreement | Policy

Toffoli suspends fines and authorizes Novonor, formerly Odebrecht, to renegotiate leniency agreement | Policy
Toffoli suspends fines and authorizes Novonor, formerly Odebrecht, to renegotiate leniency agreement | Policy
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Toffoli suspends payment of Odebrecht fine

The Minister of the Federal Supreme Court (STF) Dias Toffoli suspended this Wednesday (31) the payment of fines by the construction company Novonor, formerly Odebrecht, in the leniency agreement signed with the Public Ministry in 2016 within the scope of the Lava Jato operation.

The agreement provided for the contractor to pay R$ 8.512 billion (US$ 2.543 billion, at the exchange rate at the time) to the federal government, states, municipalities and authorities in the United States and Switzerlandover a period of 23 years.

In the decision, Toffoli also authorizes Novonor to request a renegotiation of the leniency agreement with the Attorney General’s Office, the Comptroller General of the Union and the Attorney General’s Office.

The operation revealed messages between the then judge Sergio Moro and members of the Public Ministry, allegedly combining procedures in Lava Jato processes, which investigated Odebrecht. The material, which became public knowledge in 2019, was obtained by hacker Walter Delgatti Neto, one of the Spoofing targets.

Novonor asked the court for the leniency agreement to be suspended so that the defense could evaluate the Spoofing records – and identify possible damages to the company caused by these alleged combined actions.

And that, if the damage was identified, the leniency agreement would be renegotiated to take these losses into account.

“Now, given the information obtained so far within the scope of Operation Spoofing, in the sense that there would have been collusion between the prosecuting court and the prosecuting body to prepare a legal-procedural-investigative scenario that would lead those under investigation to adopt measures that best suited to such bodies, and not to the defense itself, I believe that, in principle, there is, at the very least, reasonable doubt about the requirement of the applicant’s voluntariness in signing the leniency agreement with the Federal Public Prosecutor’s Office that imposed her property obligations, which justifies, for now, the suspension of payments, as requested by Novonor”, says Toffoli in the decision.

“As highlighted in the initial statement, conditions must be offered to the applicant to assess, given the available elements collected in Operation Spoofing, whether illegalities were in fact committed”, states the minister in another section.

Toffoli annuls all evidence obtained in Odebrecht’s leniency agreement signed with Lava Jato

J&F also analyzes material

In December, Toffoli also suspended payment of the R$10.3 billion fine from J&F’s leniency agreement.

The decision, as in the case of Novonor, is valid until the company analyzes messages seized in Operation Spoofing.

The company claims that the dialogues show illegal proximity between task force prosecutors and judges responsible for analyzing Lava Jato processes and indicate the illegal use of evidence. The company seeks to renegotiate the agreement.

The agreement reached with the Federal Public Ministry provides for the payment of R$10.3 billion, of which the company has already paid R$2.9 billion. J&F is already asking for this fine to be corrected to R$24 million or, at most, R$591 million. After analyzing the messages, the company will decide whether to request the total cancellation of the fine.

The article is in Portuguese

Tags: Toffoli suspends fines authorizes Novonor Odebrecht renegotiate leniency agreement Policy

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