Five of the court’s ministers have so far voted to accompany the case’s rapporteur, Edson Vachin. In this sense, judges Andre Mendonca, Luis Roberto Barroso, Luiz Vaux and Carmen Lucia did so on Thursday.
The day before, Judge Alexandre de Moraes had also supported Fachin, while the other lawyers, with the exception of Mendonca, exercised their right to convict Collor for criminal organization.
So far, the only minister who has disagreed has been Nunes Marquez, who voted to acquit Collor and the co-accused of all charges.
The session was interrupted and will resume next Wednesday. The voices of Antonio Dias Tofoli, Gilmar Mendez, and Rosa Weber are missing.
Although he agreed with Fachin on the crime of corruption, Mendonca disagreed on other issues.
Although he voted to convict the former senator for money laundering, he considered that there was only one practice of this crime and not several.
“I understand that the various acts and deposits practiced by the accused, as a means of laundering resources, rightly constitute a unique crime. Cutting off deposits in small amounts is the essence of money laundering.”
Likewise, it was estimated that there was no crime of criminal organization, but rather the crime of association, which mitigated punishment.
Fashin proposed a prison sentence of 33 years, 10 months and 10 days. The other ministers will determine the sentence at the end of the trial in the event of conviction. The complaint against Collor was filed in 2015 by then-Prosecutor Rodrigo Janot.
According to the indictment, the ex-governor (1990-1992) would have sought, with the assistance of others involved, a promise to enter into a viable non-regular contract to reflag the gas stations between BR Distribuidora, the object. Investigation during Operation Lava Jato, Derivados de Brasil Company.
In this sense, he obtained for himself and the other defendants an undue financial advantage.
The Public Prosecutor’s Office confirms that the Brazilian Action Party, at the time of the Collor abbreviation, was able to indicate the names of positions in the BR Distribuidora, which, between 2010 and 2014, led to the incorporation of the accused into a criminal organization.
This criminal group was created to divert resources for private benefit, corrupt public agents and launder values, building on the influence, along with the mixed economy corporation, of the former senator.
In addition to Collor, Pedro Paolo Bergamachi as private operator and friend of the ex-president, and Luis Pereira Duarte de Amorim, who was appointed CFO of the ex-parliamentary’s companies, are also on the action.
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