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Lula has been exonerated from all Lava Jato costs, however the investigation into the US position within the best travesty of justice in Brazilian historical past continues
By Brian Mier
This week Brazil’s Superior Justice Court docket ordered the Justice Ministry to grant former President Luiz Inácio Lula da Silva and his protection group entry to beforehand sealed data on the existence of partnerships between the US Division of Justice and the Lava Jato investigation activity pressure.
As US Lawyer Basic William Barr identified in his response to a 2019 US congressional inquiry led by Hank Johnson, the truth that the Lava Jato investigation represented a partnership between the US Division of Justice (DOJ), the Securities and Change Fee (SEC) and the Brazilian Justice Ministry has been public information within the US, obtainable on the DOJ’s personal web site, since 2016.
Lula’s protection attorneys have argued for years, nevertheless, that this partnership operated on the margins of the legislation, repeatedly violating each the phrases and circumstances of the US Overseas Corrupt Practices Act (FCPA) and Brazilian nationwide safety legislation, which prohibits issues like casual communications between Brazilian and overseas authorities officers.
So as to make clear this problem, Lula’s protection group requested that the Brazilian Federal Authorities’s Division of Worldwide Authorized Cooperation (DRCI) go over all data on the existence of written cooperation agreements with the US DOJ associated to the Lava Jato case in opposition to Lula. In keeping with Brazilian legislation, any partnership between Brazilian authorities officers and the officers of a overseas authorities needs to be licensed by this Division. The protection group suspects that the Lava Jato activity pressure might have illegally acquired recommendation from the US DOJ on establishing sentencing in opposition to Lula in the course of the 2018 election yr. After President Jair Bolsonaro’s Justice Minister refused to show over the knowledge, Lula’s protection group filed a movement with the Superior Justice Court docket.
This Wednesday, March 9, Superior Justice Court docket Sergio Kukina ordered the Ministry of Justice to show over the requested data to Lula’s protection group. In keeping with the Brazilian authorized weblog Conjur, this represents one other victory for the protection, nevertheless it’s a slender one. The Court docket order stipulates that the Justice Ministry is just required to share data on the existence of and topics of any and all cooperation agreements struck between the US authorities and the Brazilian Ministry of Justice associated to the Lava Jato investigation in opposition to Lula.
As Public Prosecutor Marcos Antonio da Silva Costa instructed Conjur, nevertheless, “the straightforward information of a cooperation settlement can reveal an investigation technique.”
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