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Senator Delcídio do Amaral, at a meeting of the Board of Ethics, in Brasília (DF) – 09 / 05/2016 (Beto Barata / Ag. Senado)
In the sentence in which he acquitted former President Luiz Inacio Lula da Silva and six other Accused of the crime of obstruction of justice in the case of the award of the former director of Petrobras Nestor Cerveró, signed Thursday 12, the Federal Judge Ricardo Soares Leite, of the 10th Federal District Court Federal, rejected the request of the Federal Prosecutor's Office (MPF) to annul the award granted by the former senator Prosecutors alleged that Delicidio lied in his testimony, but the magistrate understands that although that there is not enough evidence to lead to convictions in this case, there are "indications that there is truth "in the reports of the old. in your business agreement
Soares Leite points out that, although it did not provide sufficient evidence in the Cerveró case, Delcídio do Amaral had confirmed the content of his recognition in other proceedings of Lava Jato, in
Both reaffirmed that Lula was fully aware of the appointments to the Petrobras board of directors and knew the deviations of Petrobras . in the state. Palocci also claimed that cattle rancher José Carlos Bumlai, a friend of the former president, was one of those in charge of "structuring" the Lula Institute.
"The importance of his statements in other processes of great repercussion that corroborate the terms of their collaboration", so that their effectiveness can not be suppressed.There is no doubt, therefore, that at least some of the requirements of Article 4 of Law 12.850 / 2013 [Lei que define “organizações criminosas” e prevê a delação premiada] are met, "writes the magistrate.
The federal judge also sees no problem in the use of Delíídio, notes of his former adviser Diogo Ferreira. "The Code of Criminal Procedure itself allows the witness to use notes, in order to be guided by a written element.In this case, this means may be applied.
In the case of Alleged purchase of the silence of Nestor Cerveró, Delcídio do Amaral was registered by his son of the former director of Petrobras Bernardo, combining monthly payments of 50 000 reais to the family so that Cerveró, arrested in the Lava Jato, did not make an act of reward with the federal public prosecutor.By the recordings, released in November 2015, Delicide, then government leader Dilma Rousseff in the Senate, was arrested.He spent 87 days in Brasilia and left the prison only after finalizing the agreement with the MPF.
In his statements to the PGR, the former senator reported that he had met Lula at the Lula Institute and that he had guided her to work. 9, former director of Petrobras to donate. According to Delcídio, the former president had the intention to protect Bumlai against Cerveró's revelations on the loan granted by the cattle herder of the Schahin Bank in 2004 for PT campaigns and compensated by a contract $ 1.6 billion with Office Schahin.
For the magistrate, however, Delcídio do Amaral has not gathered enough evidence of discussions with Lula. "This would be the word of one against that of another accused, the solution being more in line with the Code of Criminal Procedure, that there is not enough evidence to produce a condemnatory judgment, "he decided.
of Cerveró's silence, the Federal Judge understands that it is "improbable" that meetings of the Lula Institute "only spoke about general issues or, where the context of Lava Jato was mentioned, only of the general character of the operation ".
"First of all, there would be damage and attrition for the Workers Party and other allies with the continuation of this investigation, as it did in fact happen. because Delcídio had an interlocutor with Nestor Cerveró, there were situations that could compromise José Carlos Bumlai (friend of the former president) for facts that really benefited the PT. "
Ricardo Soares Leite also points out in the phrase the "notorious protagonism" of the former president in the appointment of directors of the company. state and "science of illegal sharing" by the allied parties in the oil company
Read here the full sentence.
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