Odebrecht: the promoters refuse the agreements and use other companies

The promoters of São Paulo – Sao Paulo who refuse to sign the collaboration agreements proposed by Odebrecht in São Paulo resort to other companies involved in Lava Jato or attempting to share material collected by the group Federal Prosecutor's Office (FPM). The goal is to try to advance the investigations and avoid being forced to file their investigations for lack of evidence.

eight cases resulting from the striking of Odebrecht in Lava Jato are part of the group of four promoters of Public and Social Heritage who do not agree with the terms signed by colleagues with the l. entrepreneur from Bahia. Among them are the investigations that investigate the former mayor of the capital Fernando Haddad (PT) and the former governor Geraldo Alckmin (PSDB) for administrative improbity in the denunciations of money 2 in the countryside election. By Odebrecht, the agreements were negotiated by the office of the lawyer Marco Vinicio Petrelluzzi, former public prosecutor and secretary of the public security of São Paulo between 1999 and 2002, in the PSDB governments. Prosecutors asked prosecutors to negotiate a term of self-determination (type of leniency agreement) for each investigation – in the case of the MPF, it was a single comprehensive agreement involving all crimes and the payment of $ 3.8 billion refund and fine

The basic premise of the proposals is not to sue the company for the offense, to recover the amount deferred in 22 annual installments, like the MPF, and allow Odebrecht to continue bidding for public works.

Without the official testimony of the former leaders of Odebrecht, prosecutors must look for other ways to persuade prosecutors that they have signed the terms with the contractor. sufficient evidence to convict public officials and companies involved in unlawful acts. The sharing of evidence obtained by Lava Jato is only allowed to people who adhere to the 2016 leniency agreement.

Camargo Corrêa

Promoter Marcelo Milani, for example, who had already a public civil action against Odebrecht and other 13 companies for cartel formation and fraud in the Line 5-Lilás contracts of the São Paulo Metro, signed an award agreement with two executives from the entrepreneur Camargo Corrêa. They reported a $ 2.5 million tip payment to the former director of the public company Sérgio Brasil.

In February of this year, the court approved the concession agreement in which Camargo Corrêa agreed to return about R $ 48 million to the public coffers and sentenced the other cartel companies, including Odebrecht, to pay 326 , $ 9 million in damages. Companies have been banned from contracting with the public authorities.

"I do not depend on the agreement with Odebrecht, to the point that I made an agreement with another company that came here, recognized the fraud, reported the public officials and brought documentary evidence However, prosecutors admit that the strategy may work in cases where there is collusion with other contractors, but not in those where the company is corrupt. Public Agent C is the case of the payment of R $ 3 million to influence a trial of the Tax Court and Tax Court of the State of São Paulo.

"Every body that has been harmed by an act of corruption has the autonomy to negotiate its own leniency agreement.It is good to know that there is a mobilization of the authorities of São Paulo to try to recover the damage to the treasure through the negotiated justice instrument, which should always be guided by the public interest, "said lawyer Valdir Simão, former federal minister ( TOS).

"Cooperation"

In a note, Odebrecht defended the agreements signed at the São Paulo Public Prosecutor's Office. "The agreement is an instrument of cooperation with the authorities and allows for the reimbursement of damages, by integrating the leniency agreement already signed in December 2016," said the contractor.

Negotiations Required

Responsible for negotiating agreements with Odebrecht in the São Paulo public prosecutor's office, attorney Silvio Marques defended negotiations with the contractor saying that they are necessary to recover sneaky money and collect evidence to hold public officials involved

For Trademarks, the five agreements reached so far have been done transparently.

"The agreements are based on Law 13.140 / 2015 and Resolution 179/2017 of the National Council of the Public Prosecutor's Office, all of which are prepared in a transparent way between the Public Prosecution Service and the public administration with the companies. the damage suffered by the Treasury and the evidence is guaranteed. "

He maintains that although the proceedings have been initiated, the investigations remain open so that the Office of the Prosecutor, with the collaboration of the company, can obtain information about the case. other evidence. donations. As for the 22-year-old portion of the money that will be returned, he states that the phrase "follows the same criteria as Lava Jato."

Regarding the possibility that Odebrecht would resume work on the Roberto Marinho tunnel even after the cartel's admission, Marques said that "the clause was agreed between the mayor and the deputy" and that the 39, city administration said "that there is no prospect of doing the work."

In a note, the management Bruno Covas (PSDB) said: in the term & dquo; # 39; adjustment of conduct, no clause that requires the execution of work (tunnel), let alone that it be carried out by the company (Odebrecht). "The construction depends on the fundraising," said City Hall, stressing that "any decision on its execution" will be taken in due course.

Gilberto Kbadab, Elton Santa Fe Zacarias and Paulo Vieira de Souza deny having committed unlawful acts owed by Odebrecht. The defenses of Sérgio Brasil, Orlando Filho and Francisco Chagas did not respond to the contacts of the report. The information comes from the journal O Estado de S. Paulo