Minister Gilmar Méndez, of the STF (Federal Supreme Court), asked the confirmation on Monday (10) of the submission to the personal plenary session of the Second Committee of the Appeal Judgment submitted by Renato Duque, former Director of Services of Petrobras, against all actions of the Operation Lava Jato Task Force and former judge Sergio Moro.
The issue was analyzed in a virtual plenary session, a system in which ministers cast their votes without debate. The session began on the 31st and will end on Monday.
The case’s rapporteur, Toffoli had initially voted against Duque’s request, but backed down after, he said, an analysis of Gilmar Méndez’s vote. The two took a stand to overturn the convictions, thus getting the former Petrobras director out of prison.
Then, in contrast to Gilmar and Toffoli, Cassio Nunes Márquez and Andre Mendonça voted. All that was missing was the vote of Louise Fox, a Lava Jato supporter. But Gilmard interrupted the analysis. There is still no date for the resumption of the trial.
The STF Dean stated in his vote that “there is no doubt regarding the improper use of illicit evidence, obtained from foreign authorities outside official channels” in the proceedings against Duque.
It mentions conversations about the plagiarism, with letters exchanged between members of Lava Jato, including former prosecutor Deltan Dallagnol.
The then prosecutor says he will use Duque’s data in Monaco to support the arrest request before receiving information through official international cooperation channels.
Gilmar also stated in his vote that Duque was a “political target” of the task force. He added: “This is another defendant who, in the same procedures and processes, was subjected to the same illegal, abusive and eroding procedures that erode the guarantees of due process, a natural judge and the impartiality required in any and all trials.”
The minister also added that Duque is described in the complaints as “a contact and a person who has the full confidence of politicians and members of the PT’s top leadership,” and because of this association, he “became the target of arbitrary measures.”
Duque was one of the main targets of the operation and also one of the longest-serving prisoners. Last year, a federal judge in Paraná ordered him to return to prison because he still had to serve a prison sentence of 39 years, two months and 20 days, in a closed system.
This sentence refers to four convictions that have already become final, that is, when there is no longer the possibility of appeal, and involve the crimes of passive corruption and money laundering. This year, it advanced to the semi-open system.
In amending his vote to overturn the proceedings against Duque, Toffoli also ordered the reversal of the resolution that ordered the arrest last year.
Duque served two further terms in prison: between November and December 2014; From March 2015 until March 2020. After that, he used the electronic ankle bracelet until April 2023.
During his imprisonment, he proposed to cooperate with the courts, admitted to committing a crime and agreed to surrender R$100 million from his offshore accounts. He also made accusations against current President Lula (PT).
Since 2023, Toffelli has been making decisions that cancel the operation’s work. Two former construction company presidents who signed a statement benefited from this type of decision: Leo Pinheiro, of the former OAS (now META), and Marcelo Odebrecht.
Cashier Alberto Yusuf and former minister Antonio Palucci also benefited.
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