:strip_icc()/i.s3.glbimg.com/v1/AUTH_59edd422c0c84a879bd37670ae4f538a/internal_photos/bs/2018/Y/j/DvBZYCQqAk3jAdzjOk7g/raquel-dodge.jpg)
[ad_1]
Attorney General Raquel Dodge asked the Federal Supreme Court to find evidence that President Michel Temer had received Odebrecht remedies as a crime of pbadive bribery.
TV Globo attempted to contact Temer's defense until the last update of this article. Since he was included in the investigation, which authorized the company's transfers to MDB policy makers, the president reaffirmed that he had not committed any irregularities.
Raquel Dodge's statement about the president is in a document in which the prosecutor requests that the investigation be sent to the Federal District Court, not to the Electoral Tribunal, as the case may be. determined Minister Edson Fachin.
Ministers Eliseu Padilha (Civil House) and Moreira Franco (Mines and Energy), both of the MDB, are also the subject of an investigation.
Wanted, Antonio Sérgio Pitombo, Moreira Franco's lawyer, said: "The appeal of the Attorney General of the Republic is contrary to the constant jurisprudence of the Supreme Court: political use of the criminal prosecution against the Minister Moreira Franco" .
Daniel Gerber, counsel for Eliseu Padilha, said: "There is no chance of corruption in the case, and all the speakers have made it clear that they have never received a request in this regard. speculative nature, is not accepted by the Supreme Court as a reason for decision ".
Fachin decided to suspend the investigation as a result of an application by Raquel Dodge. The prosecutor argued that the Temer investigations should be discontinued until the end of the term, as they were not related to the current mandate.
The investigation refers to a dinner at the Palácio do Jaburu in May 2014 (when Temer was vice-president), during which, according to the report, Temer would have accepted the illegal transfer of Odebrecht's 10 million rand to the BMD. nie
The case concerning alleged bribery in Odebercht within the Department of Civil Aviation is also the subject of an investigation when the portfolio was headed by the MDB .
In the final report, the federal police said they found indications that received an unfair advantage of the construction company Odebrecht.
In the evaluation of Dodge, however, the suspicion is corruption. For the prosecutor, Temer's goal was to perpetuate himself in political power.
"The meaning that the" request "of Eliseu Padilha and Michel Temer had for Marcelo Odebrecht reveals that the goal of the leaders of Odebrecht, at the meeting with the denounced, was the clemency of the public service, the clear maintenance of corruption that persisted over time and served as a means of perpetuating economic power for Odebrecht and a politician for Eliseu Padilha and Michel Temer, "said Dodge.
Two "separate schemes"
According to the prosecutor, the case of the business dinner and the regime in the field of aviation refer to "two different criminal regimes".
The case of dinner, according to Dodge, is "composed of a crime of pbadive bribery that has the following characteristics:
- consumed according to the" demand "modality, occurred at the beginning of 2014, at a time of meeting of the Minister of Civil Aviation Secretariat Moreira Franco and the leaders of Odebrecht, an opportunity for which the Minister, after serving the interests of the entrepreneur in connection with the call of 39, offers open,
- the act of office in exchange for which the undue advantage has been paid is very specific and consists in the actual maintenance of the notice clauses relating to the Galeão airport concession that would benefit Odebrecht, as well as the conclusion of the corresponding contract with the contractor;
- consumption in the modality "receive", subject to payment, the two different people, of the benefit Indu asked by Moreira Franco: Eliseu Padilha received from Contractor, the value of 500 000 reais on 14/03/201 4 and 562 000 reais on 19/03/2014, for a total amount of R $ 1,062,000.00; Michel Temer, through the intermediary of João Baptista Lima Filho, received from Odebrecht R $ 500,000, R $ 500,000 and R $ 438,000.
For the prosecutor, there are not two elements in cash in fact, there is only corruption.
"Regarding this first criminal ploy, there is no evidence in the records that corroborates the statement that, in addition to the crime of pbadive bribery with connivance between Moreira Franco, Eliseu Padilha and Michel Temer They also practiced the electoral crime provided for in Article 350 of the Electoral Code.It is true that at the time of consuming pbadive bribery in seeking the undue advantage, Moreira Franco said: "I hope to be able to count on your support during the 2014 campaign" "However, the archives provide no evidence to clarify the destination effectively conferred by investigators Moreira Franco Eliseu Padilha and Michel Temer to 2 million and 500,000 reais received jointly by Odebrecht in March 2014. "
Raquel Dodge then asks the Supreme to pursue the case in the Federal District Court.
The case of airports, pointed out born Dodge, has elements of corruption and box two. She therefore suggests dividing the investigation between the Federal Court and the Electoral Tribunal.
"This second system, in addition to a crime of active bribery committed by Odebrecht leaders, is composed of a crime of pbadive bribery and a possible electoral crime" , did he declare. The crime of pbadive bribery was
- is consumed according to the "demand" modality, which took place on 25/05/2014 at the Jaburu Palace, where Michel Temer and Minister Eliseu Padilha requested an undue advantage of a amount of 10 million reais to leaders of Odebrecht Claudio Melo Filho and Marcelo Bahia Odebrecht,
- the legal act in exchange for which the undue advantage was paid is generic: it s & # 39; was the permanent support that Michel Temer's political group provided to Odebrecht with the Secretariat of Civil Aviation, since the first
- there was a consumption in the modality "to receive", by means of payments, to three different people, of benefit Eliseu Padilha and Michel Temer improperly asked the Jaburu Palace: Eliseu Padilha received a total of 1 million R $, via Ibanez Filter, on 15/08/2014 and 18/08 /2014; Michel Temer, through José Yunes' intermediary, at the request of Eliseu Padilha, received 1 million R $ on 04/09/2014; Duda Mendonça received from Odebrecht, in the interest of Paulo Skaf, a total amount of R $ 5,169,160,100.00, between August 21, 2014 and October 30, 2014.
According to the prosecutor , "it is unclear the attribution to the undue benefits by Odebrecht of benefits to Eliseu Padilha and Michel Temer, and it is not possible to state that the amounts received were intended to cover campaign expenses not reported to the Electoral Court. "
Source link
