Confirm the agreement to access the Lava Jato tests

Judges Martín Irurzun and Leopoldo Bruglia confirmed the decision to standardize what was done by the prosecutor Franco Picardi the efforts made to subscribe to the Brazilian authorities the model of specialty commitment and limitation of the use of tests.

The tribunal dismissed the appeals against the homologation they defended Javier Sanchez Caballero, the IECSA company, consortium member, businessman Jorge Rodriguez and former minister Julio De Vido.

The discussion took place in connection with an application by the Argentine Judge to the Attorney General of the State of Paraná of ​​the Federal Prosecution of the Federative Republic of Brazil for the submission of evidence concerning Lava Jato .

In particular, tests have been requested on a series of "award-winning convictions" and other elements obtained in this seat, which are related to the alleged payment of bribes and which were implemented under the motive or on the occasion of the burial of the road of General Iron Sarmiento Railroad, which is attended by former Argentine officials and businessmen seized businesses, this country as foreigners.

The Attorney General of the Nation, Eduardo Casal, said that the commitments made "may be applied by this prosecutor, in order to advance the truth and define the responsibilities related to the Lava Jato operation." Brazil and its various dismemberments ".

The judges accepted this position and rejected criticism of the defenses of Javier Sánchez Caballero and Julio De Vido, who appealed.

Among the most relevant concepts of his conclusions are the following:

• Time and time again, this House has insisted on the need to have access to evidence which, according to what has been invoked from the beginning, would be at the disposal of the Brazilian judiciary as part of the charge known as name of "Lava Jato" and "Odebrecht". & # 39; "
• Reading the text of the agreement transcribed in the conclusions "clearly shows that there is no sentence or concept that makes it impossible to judge by the facts those who lent "convictions" in Brazil or exempt any of these persons, without further delay, from criminal liability in case of commission of offenses "and that" it is not necessary to discuss the reasons for the do in the current legislation because it is not the commitment that is promoted take over. "
• That our country "is firmly committed before the international community to investigate and prosecute crimes of public corruption", relates directly to the need to have the appropriate means to discharge this crime. obligation, transnational case of, inter alia, allegations of bribes to local state officials. There is then a legitimate and considerable interest in accessing the requested tests."

"We then have two initial conclusions: (i) the law applicable in the Argentine State is based on the provisions of the agreement; and (ii) the reasons for these rules constitute legitimate interests closely related to the commitments made to the community. "wrote the judges.

"In fact, the equality guarantee applies to identical cases." In its real dimension, the prohibition of introducing exceptions excluding some of those granted to others under the same circumstances (CSJN, Facts 123: 106 and 180: 149) These requirements are not presented here, "reads the text, which followed" that, because the condition of equality of the situations between those who invoke the violation of the guarantee and those mentioned by the Brazilian authorities the persons who participated in the production of criminal prosecution acts under certain commitments established by the local regulations of that country ".

The Camaristas urged Judge Marcelo Martinez de Giorgi to "give the means to access it in the fastest and most effective way possible, to overcome a situation that leaves a lot of time to reach the goal consisting of What happened?