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BRASÍLIA – The Attorney General of the Republic,
Raquel Dodge
, told the Minister of the Federal Supreme Court (STF)
Edson Fachin
as payments from the entrepreneur
Odebrecht
to President Michel
Temer
and their allies have shaped the crime of
corruption
and not that of box two. As a result, Dodge asks Fachin to reconsider his decision to remit the case to the Electoral Tribunal, taken after the arguments of Ministers Eliseu Padilha and Moreira Franco have argued that the reclbadifications would only be two crimes. pecuniary, which results in lighter law penalties.
The PGR argues that it was free payments intended to obtain benefits in the field of civil aviation, then commissioned by Moreira Franco, among which an announcement of the concession of l & # 39; Galeão Airport (RJ).
"The first criminal ploy revealed during the investigation was as follows: at the beginning of 2014, in Brasilia, Moreira Franco applied for an undue advantage because of the public office he held at the secretarial office. 39, Civil Aviation, of an amount of 4 million rand, for the benefit of the Odebrecht Group in the concession contract of Galeão / RJ airport, under the responsibility of this secretary Eliseu Padilha and Michel Temer received the aforementioned amounts, after having commissioned Odebrecht executives, acting in a design unit with Moreira Franco and hence aware of the illegal origin of the titles, "said PGR.
About Temer, Dodge says: "Michel Temer received, through João Baptista Lima Filho, an undue advantage in the amount of R $ 1,438,000, 19, 20 and 21 / 03/2014, in São Paulo. ".
The Federal Police had already completed the investigation into the case, but Dodge still has not filed a complaint against Temer as the Constitution prohibits the criminal liability of a president for a crime committed before its term. The PGR then requested that the investigation be suspended so that it could be remitted to the court of first instance when Temer lost his mandate. As Fachin had decided to refer the case to the electoral court for Ministers Padilha and Moreira Franco, the Temer part would also be turned into an election inquiry. With the demonstration, Dodge makes it clear that he wants to sue them for the crime of pbadive bribery, not for both species. The offense of corruption provides for imprisonment from two to twelve years, the other two being five years maximum.
For Dodge, despite the defense argument, there is no evidence that Odebrecht payments were made to election campaigns. "Regarding this first criminal plan, there is no evidence in the files that corroborates the statement that, in addition to the crime of pbadive corruption in the connivance between Moreira Franco, Eliseu Padilha and Michel Temer, they practiced the electoral crime provided for in Article 350 of the electoral code, "he writes.
Therefore, at the end of the demonstration, the PGR asks Minister Edson Fachin to review his decision and refer the case to the Federal Court or, if he refuses, to submit the case to the court. 39, to the decision of the plenary.
Both Temer and Moreira and Padilha have already denied having committed an irregularity in the case. GLOBO has asked for the defense of the above. Temer's office stated that "the informants' report deals with the conversation as a request for help for the election campaign and this clarifies the facts without any need for interpretation." The defenses of Padilha and Moreira Franco have already argued before the STF that the case did not constitute corruption.
"There is no chance that the archives will be corrupt, and all the speakers have made it clear that they have never received any requests in this regard, so we hope that the Supreme Court will not accept such a point of speculation, "said Padilha's lawyer, Daniel Gerber.
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