Latest STF Decision may Overturn “Virtually all” Lava Jato Convictions, Says Task Force

RIO DE JANEIRO, BRAZIL – On Tuesday, August 27th, the Lava Jato (Operation Car Wash) task force in Curitiba said that the STF decision overturning the sentence of former judge Sérgio Moro sets a precedent to overthrow “virtually all” the convictions handed down so far in the investigation, including the possibility of releasing several prisoners.

The case in question involves the condemnation of the former president of Petrobras and Banco do Brasil, Aldemir Bendine.

The Second Panel of the Federal Supreme Court (STF) decided to overrule Bendine’s conviction in an Operation Car Wash case. According to the 3-1 decision, Bendine has the right to make final allegations after those of the prosecutors and whistleblowers, which is something that did not take place in the proceeding. With the decision, the case will be remanded to the Federal District Court in Curitiba.

The task force said the decision raises “immense concern”. For the prosecutors in Paraná, the panel established a new rule, which is contained neither in the Code of Criminal Procedure (CPP) nor in the law that regulates plea bargaining.

“If this idea is applied to the other cases of Operation Car Wash, it could overturn virtually all the convictions, with the consequent running of the statute of limitations and the release of prisoners. The task force expresses its confidence that the Federal Supreme Court will re-evaluate this issue”, the prosecutors said.

The majority decision was obtained through the votes of Justices Ricardo Lewandowski, Gilmar Mendes, and Cármen Lúcia. The rapporteur of the case, Edson Fachin, was a dissenting vote. Minister Celso de Mello did not attend the session due to health reasons.

Bendine was convicted in March 2018 by judge Sergio Moro. In June, the Regional Federal Court (TRF) of the 4th Region, based in Porto Alegre, affirmed the conviction but reduced the sentence from eleven years, to seven years and nine months in prison, which could soon be enforced based on the STF decision authorizing imprisonment after first appellate decision.