Lula is sentenced to 12 years and 11 months in prison for corruption and money laundering as part of the Lava Jet action on the Atibaia site | Paraná

The judgment of the substitute judge Gabriela Hardt, in first instance, is the second that condemns Lula in the Lava Jato operation in Paraná. There is a recourse. Twelve others were reported in the case.

The former president is incarcerated since April 2018 in Curitiba, where he is serving a sentence of twelve years imprisonment and a month determined by the Federal Regional Court of the 4th Region (TRF4), in his first conviction in second instance of Lava Jato. He was convicted of pbadive bribery and money laundering in the Guarujá Triplex (SP) case.

Judge Gabriela Hardt – who replaced former Judge Sérgio Moro – stated in her new sentence that:

• The OAS was in charge of renovating the kitchen of the site. Atibaia in 2014
• The work was done at the request of Lula and for the benefit of his family. The former president accompanied the responsible architect, Paulo Gordilho, at least during his first visit to the site, and received him in São Bernardo do Campo so he
• Several improvements were made to the site, but only the amount paid to the company, Kitchens, in the amount of R $ 170,000, was executed
• . All the work was performed in a manner that did not identify who did the work and who was the beneficiary;
• All payments made by OEA to Kitchens were made in kind, so as not to leave any trace of the payer;
• There were no refunds to OAS of the following values:

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Gabriela Hardt stated the following:

• "It is a fact that the family Former President Lula was frequent in the property, as well as who enjoyed it as he was the owner.In addition, in 2014, Fernando Bittar alleged that his family no longer attended with him. Attendance, it was more used by the family of Lula "
• . Lula was fully aware of the fact that the OAS was one of the participants in the "big, illicit project carried out". to direct, overcharge and pay bribes in the great work done by his government, including Petrobras. "
• The former president also maintained close relations with the former president of the OAS, José Aldemário Pinheiro Filho, and" was aware of the "general amount" of tips maintained between the company and "
• Accordingly , Lula was fully aware of the illicit origin of the resources used by the OAS for remodeling the kitchen of the site. " I have therefore proved her authorship by contributing to the concealment and concealment of the fact that she was the true beneficiary of "
• " More than a hundred witnesses have been heard, accompanied by dozens of testimonials produced in the course of related events, such as evidence put on loan, deferred expert testimony, several documents attached, being clear that the evidence production is plentiful. "

The judge also decided to confiscate the site of Atibaia, do not discuss ownership of the property – but, yes, reforms that have been made to it – the value of the land and the improvements are equivalent, so it would not be possible to enact the loss of improvements without affecting the property.

According to Gabriela Hardt, after the sale of the site, the difference between the value of the improvements and the amount paid by the property must be returned to the owners – Fernando Bittar and his wife.The sale should however take place only after the final decision and without appeal of the proceedings.

Gabriela Hardt decreed the prohibition made to Lula to exercise public office for a period equivalent to double the sentence imposed.The measure also concerns persons convicted of money laundering: Leo Pinheiro, José Carlos Bumlai, Emilio Odebrecht, Alexan Drino Alencar, Carlos Paschoal, Emyr Dinis, Roberto Teixeira, Fernando Bittar and Paulo Gordilho.

G1 came into contact with Lula's defense, who has still not taken a position on the conviction.

In early January, in presenting the latest allegations of the complaint, the defense sought acquittal for "insufficient evidence" and "atypical behavior".

In the 1,600-page document, the lawyers stated that Lula "was not and never was the owner" of the site and that it was not there. had no way to prove that he was aware of the reforms. He also alleged that former Judge Sergio Moro did not have "impartiality necessary" to judge the case and that, therefore, the case should be referred to a court of law. other court of justice.

According to the federal prosecutor's office, Lula allegedly received a bribe from the Schahin group, José Carlos Bumlai and OEA subcontractors in Odebrecht for the redevelopment and decoration of the Santa Bárbara site in Atibaia (SP). the former president attended with the family. Twelve others were reported in the case.

Lula is accused by the MPF:

• Reform carried out by the OAS contractor at the request of the Lula family, with tip resources, at the Santa Bárbara site in Atibaia. According to the MPF, the use of the place by the family of the former president proves that he was indeed the owner.
• To have benefited, through the work on the site, from part of the bribe payment of at least R $ 128 million for Odebrecht and R $ 27 million for OEA. For prosecutors, some of this money was used to adapt the site to Lula's needs. According to the complaint, the improvements to the property amounted to R $ 1.02 million.
• Helping entrepreneurs by keeping former leaders of Petrobras Renato Duque, Paulo Robert Costa, Jorge Zelada, Nestor Cerveró and Pedro Barusco, who ordered a large part of the fraudulent maneuvers between entrepreneurs and public companies discovered by Lava Jato

MPF claims that Odebrecht and the OAS have funded R $ 850,000 in real estate reforms. Already, Bumlai had transferred bribes to the former president for an amount of R $ 150,000, still according to the MPF.

See the crimes and the conviction or acquittal of each of the accused:

• Luiz Inácio Lula da Silva, former President of the Republic : Sentenced to 12 years and 11 months for crimes of corruption pbadive and active and money laundering;
• Marcelo Odebrecht, former president of Odebrecht : would be sentenced to 5 years and 4 months in prison for the crime of pbadive bribery, but his sentence would be suspended because of the attribution agreement;
• José Carlos Bumlai, former President of the OAS : Sentenced to 1 year, 7 months and 15 days for money laundering crime
• José Carlos Bumlai, Emílio Odebrecht , former chairman of the board of the Odebrecht group at the time : sentenced to 3 years and 3 years : sentenced to 3 years and 9 months for money laundering crime
• month for the crime of money laundering
• Alexandren of Alen car, former leader of Odebrecht : sentenced to two years in prison for money laundering crime money
• Carlos Armando Guedes Paschoal, former director of Odebrecht : sentenced to two years in prison for money laundering crime Emir Diniz Costa Junior, former engineer of Odebrecht : convicted to three years in prison for money laundering
• Roberto Teixeira, lawyer : sentenced
• Paulo Roberto Valente (Paulo Gordilho), business man partner of one of Lula's sons: convicted for money laundering crime for three years
• Agenor Franklin Medeiros, former leader of the OAS : sentenced for one year of money laundering crime
• Rogério Aurélio Pimentel, former special adviser to the presidency : acquitted of the accusation of corruption