The Brazilian company Odebrechtnow known as CNO SA, filed a claim of habeas corpus against prosecutors Rafael Vela and José Domingo Pérezmembers of the Special Lava Jato team. The company maintains before the Judiciary that the Prosecutor’s Office ignored the effective collaboration agreement signed in 2019 and requests that the final file of all investigations in which it is involved be ordered.
The appeal also includes Judge María de los Ángeles Álvarez, who approved the collaboration agreement. Odebrecht alleges that the Public Ministry of Peru continued to open fiscal folders and formulating accusations even though the homologation judgment granted guarantees not to be processed by the declared facts.
In the 96 -page document, the construction company ensures that its fundamental rights, such as personal freedom, effective jurisdictional protection and the principle of res judicata were violated. In addition, they point out that the statements and evidence delivered under the commitment not to be used against them have become the basis of new investigations.
You can see: Tomás Gálvez supports the request of congressmen to archive constitutional complaints: “There is an excessive action”
Odebrecht: These are the demands of the company linked to the Lava Jato case
The claim seeks that the Judicial Power order the immediate compliance with the sentence that approved the collaboration agreement. Specifically, he asks that the Public Ministry file or decrease in definitively all the criminal proceedings in which the company, its former officials or collaborators. It also requires that the use of the statements offered in Brazil be prohibited and that any accusation already submitted in Peru be withdrawn.
The specific requests include the closure of the fiscal folders in which they include former directors such as Jorge Barata, as well as the withdrawal of accusations in open processes in anti -corruption courts. The company argues that these cases are held in evidence whose use was expressly limited by the collaboration agreement.
Odebrecht even claims that the tax provisions issued in their favor are considered definitive, without the files being reopened. For the company, the prosecution’s refusal to comply with these extremes generates legal insecurity and affects confidence in international cooperation mechanisms.
You can see: Juan José Santiváñez: More than 70% of the population disapproves the management of the Minister of Justice
Rafael Vela questions Odebrecht strategy and points out that he breached with an effective collaboration agreement
In statements for the Republic, prosecutor Rafael Vela said that he has not yet been formally notified of the lawsuit, but warned that the Odebrecht maneuver is striking for his opportunity and by the lawyers who support it. He indicated that the Public Ministry has always respected the criteria of legality and the terms of the effective collaboration agreements, which must be reviewed only by the judges that approved them. For sailing, going to constitutional justice seeks to alter the nature of a process that is based on consensus between the parties.
“Actually I have not yet been notified with the demand. I have learned as a public notorious fact (…) What I can clearly tell you is that we have always scrupulously complied with everything that are the criteria of legality and respect for the effective collaboration agreements that have been subscribed (…) call the attention that they now seek through constitutional justice, also hiring conspicuous lawyers who are, in addition, a lawyers have always shown. Permanent behavior of questioning of effective collaboration agreements, “he said.
The magistrate criticized that the company has hired known lawyers for questioning effective collaboration, such as Domingo García Belaunde and Gerardo Eto Cruz, both linked to conservative sectors and with a history of advising investigated politicians. He recalled that these lawyers have issued legal reports in favor of Keiko Fujimori, which, in his opinion, evidences conflicts of interest in the new construction strategy of the construction company.
“They have hired lawyers who have always shown a permanent conduct of questioning of the effective collaboration agreements, such as Dr. Domingo García Belaúnde and Mr. Gerardo Eto (…) also attracts attention that at some point this study of lawyers of Dr. Domingo García Belaúnde has participated even presenting legal reports in favor of Mrs. Keiko Fujimori of freedom of hiring that the company Odebrecht can have and the freedom to decide to defend themselves from Mr. Domingo García Belaúnde, “he said.
You can see: Alejandro Toledo: Judicial Branch asks the United States to expand extradition extradition south
Vela also denied that the Prosecutor’s Office has breached the 2019 Agreement. Given this lack of will, the Public Ministry cannot force the company to maintain its status as a collaborator and must act in accordance with the law when it is refused to assume criminal responsibilities.
“The Public Ministry has always scrupulously respected the effective collaboration agreements (…) What has happened is that the Odebrecht company has unknown its initial commitments to declare itself guilty of several cases, of a group of cases. In such a way that, in those aspects related to the ignorance of its own minutes, of assuming its own criminal responsibilities, then, obviously, there is a change of a situation that is alien to the public prosecutor (…) The Public Ministry cannot oblige or compel in any way the collaborator to continue within what corresponds to his voluntary decisions to declare himself guilty, “he said.
