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São Paulo promoters who refuse to sign collaboration agreements proposed by Odebrecht in São Paulo turn to other companies involved in Lava Jato or try to share the material collected by the FMP working group . The goal is to try to advance investigations and avoid being forced to file inquiries for lack of evidence.
At least eight cases resulting from the demarcation of Odebrecht in Lava Jato are with the group of four promoters of Public and Social Heritage who do not agree with the terms celebrated by colleagues with the Bahia entrepreneur. 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 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. Faced with a negative response, lawyers warn that they will not cooperate with the investigation as they did with prosecutors who signed the terms with the contractor.
Without the formal testimony of the former leaders of Odebrecht, prosecutors must look for other ways to try to find sufficient evidence to convict public officials and companies involved in wrongful acts. The sharing of evidence obtained by Lava Jato is only allowed for anyone who adheres to the 2016 leniency agreement.
Camargo Corrêa
Attorney Marcelo Milani, for example , which already had a public civil action against Odebrecht and 13 other companies for cartel formation and fraud in the Line 5-Lilás contracts of the São Paulo Metro, signed an award agreement with two executives of 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 award agreement in which Camargo Corrêa agreed to return about R $ 48 million to the public coffers and condemned the other cartel companies, including including Odebrecht, to pay R $ 326.9 million in damages. Companies have been banned from contracting with the public authorities.
"I do not depend on the agreement with Odebrecht, so much so that I made an agreement with another company that came here, recognized the fraud, reported the public officials and brought 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 corrupted. public agent C is the case of the payment report of R $ 3 million to influence a judgment of the Tax Court and Tax Court of the State of São Paulo.
"Every organ 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 ( CGU)
"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.
Necessary Negotiations
In charge of negotiating agreements with Odebrecht in the São Paulo public prosecutor's office, the attorney Silvio Marques defended the negotiations with the contractor saying that "no one is going to negotiate". they are needed to recover sneaky money and gather evidence to hold public officials accountable
. Up to now, five agreements have been concluded in a transparent way.
"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. damages suffered by the Treasury and the evidence are guaranteed. "
He submits that although the proceedings have been instituted, the investigations remain open so that the Prosecutor, with the collaboration of the company, can obtain further information. 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 resumed work on the tunnel Roberto Marinho even after the cartel's admission, Marques said that "the clause was agreed between the city 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 of & 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 financing," said City Hall, noting 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 newspaper O Estado de S. Paulo
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