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The former governor of Rio de Janeiro, Sérgio Cabral, "marketed" his position to serve the private interests of entrepreneurs, among them Eike Batista, becoming the leader of a criminal organization that hid in abroad more than R $ 340
The statements are made by Judge Marcelo Bretas, of the 7th criminal chamber of Rio de Janeiro, who on Tuesday sentenced (3) the man of 39 cases to 30 years in prison for having promised and pay $ 16.5 million bribes to the politician of Rio, who was sentenced in the same action for 22 years imprisonment .
Eike's defense, currently in 19459004 of the decision. Cabral's lawyer, who says in the minutes that the amounts were in cash 2 for election campaigns, says that "the punishment is unfair and disproportionate" (read the full position in the end).
In the sentence, Bretas He says that the former governor, found guilty in five other cases, was at the head of a criminal organization that concealed 340 million dollars abroad "by an ingenious money laundering system. "
"Sergio Cabral was the principal who created the illegal regimes scrutinized in this procedure and thus acted on the authority gained by the support of several millions of votes entrusted to him.
For Bretas, there was "the commercialization of the civil service by Sérgio Cabral", and the demand and reception of the public functions of the State of Rio de Janeiro.
According to the prosecutions of the federal public prosecutor, Sérgio Cabral "has asked and received an unfair advantage of the accused Eike Batista in 2010 and 2011 "". In turn, the businessman "has offered, promised and paid to Sérgio Cabral the payment of an undue advantage of 16,592,620.00 USD for the former governor to favor his commercial interests in the state of Rio de Janeiro. "
According to Bretas, the negotiations took place at his home or at the headquarters of the public authorities, which "disturbs" and "reveals contempt of public institutions", according to the judge.
The two main investments of Eike Batista in the state were the construction of the port of Açu, north of the state of Rio de Janeiro, in Campos dos Goytacazes, and the southeastern port, in Sepetiba Bay, where "more than 10 billion Reais were invested in each". to the judge. The businessman, however, did not respond to payment of bribes to Cabral, preferring to remain silent
In the case, Bretas does not determine what "concrete act" was practiced by Cabral in favor of the entrepreneur, but states that "it is necessary that the motivation of corruption refers to an act of certain right, specific and determined, nor to the actual receipt of the advantage The judge considers that the illegal practice may be an act or omission of the public official or the non-interference in the activities of the briber.
"Nothing is more repugnant than the excessive ambition of A public official who, having the responsibility of managing the basic necessities service of the millions of citizens of the State of Rio de Janeiro, chooses to demand unlawful benefits to the companies "
Marcelo Bretas, Judge of the 7th Federal Criminal Court of RJ
Relations between Eike and Cabral on t started to be 2015, when a federal police operation, within Lava Jato, found in a business-related address in São Paulo a transfer of values between companies Golden Rock Foundation, of Eike, and Arcadia Associates SA, next to a name, "Renato."
This was Renato Chebar, one of the doleiros who, according to investigations, led to carry out illegal transactions of transfer of securities inside and outside Brazil at the request of the former governor.
The investigations were revealed when Renato Chebar and his brother, Marcelo, were arrested and entered into an award-winning collaboration agreement last year, for which they have already returned
They told the Public Prosecutor's Office that they had proceeded to the transfer of $ 16.5 million from an account of Centennial Asset Mining Fund LLC, of Eike Batista, to Arcadia Associates, owned by Doleiros.
In a statement, Sérgio Cabral admits to having received Eike values through the Chebar brothers, but said that it was a cash payment 2 and has stated that he did not know how the payments had been made.
for me in 2010, about 28 or 29 million, I do not remember well, in 2010, of my election campaign in 2010 … ", said Cabral in his testimony.
For Bretas, l & # Argument does not
Lawyer Fernando Martins, who defends Eike Batista, has informed that he would appeal the decision.
Rodrigo's lawyer Roca, who defends Sérgio Cabral, said in a note that "the conviction for the operation of efficiency was a matter of consistency with the conviction by the same judge in the Calicute operation. Yet the sentence is unfair and the sentence disproportionate. We will appeal to the Court for reform. "
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