The Second Class of the Supreme Federal Court (STF) ruled on Friday (15) to maintain the decision of Minister Dias Toffoli that he annulled the proceedings against former Minister Antonio Palocci in Operation Lava Jato.
During virtual judgment, the board denied appeal presented by the Attorney General’s Office (PGR) to overthrow the minister’s decision.
In March of this year, the minister complied with the request for annulment made by Palocci’s lawyers and applied the precedents of the Court who considered former judge Sergio Moro partial to make the sentences against the defendants of the investigations. Moro was the head judge of the 13th Federal Court in Curitiba.
With the decision, all procedures signed by Moro against Palocci were annulled. Despite the annulment, the delation agreement signed by Palocci was maintained. In one case, he was sentenced to 12 years in prison.
In the appeal, the PGR said Palocci signed award -winning agreement in which he reported “illicit schemes” involving public agents and entrepreneurs investigated in Lava Jato. Thus, according to the attorney general, Paulo Gonet, there is no damage to the defense that justify the annulment of proceedings against the former minister.
Despite the arguments of the Attorney’s Office, the appeal was rejected by the class. By 3 votes to 2, the Second Class followed Toffoli vote. The minister understood that the signing of denunciation is not able to validate nullities.
Toffoli’s vote was followed by ministers Gilmar Mendes and Nunes Marques. André Mendonça and Edson Fachin were won.
