Consultor Jurídico


The time tunnel

Deputy federal police recycles widely known facts into brand new legal facts


At the onset of their cooperation with federal authorities in exchange for immunity, Joesley Batista and J&F’s former executive Ricardo Saud described in detail the bribery scheme to Ministry of Agriculture authorities during Dilma Rousseff's administration as well as campaign contributions to former speaker of the House, Eduardo Cunha. They (Joesley and J&F’s former executives) provided the federal police with records, invoices and other documentation to back up their statements.
Four months after the first collaboration agreement between J&F and federal authorities, economist Lúcio Bolonha Funaro, corroborating the information given by J&F (JBS) -- though with less accuracy and less documentation --, confirmed the narrative from the side of those that effected extorsion. With that information, federal police deputy Mário Velloso (according to him, with the purpose of dismantling a criminal organization acting in the House of Representatives and in the Ministry of Agriculture), mobilized 310 federal police agents in the states of Minas Gerais, São Paulo, Rio de Janeiro, Mato Grosso, Paraíba and in Brazil's Capital last Friday (9th November, 2018).
In order to avoid the continuation of the wrongdoings from 2014, Appeals' Court judge Mônica Sifuentes authorized the arrest of 19 defendants. In her decision, the judge accepts the federal prosecutor's allegations that, unless arrested, they could destroy evidences that Joesley, Saud and Funaro already provided to the courts the previous year.
Federal police deputy Velloso alleged that Joesley Batista and Ricardo Saud omitted information and were obstructing justice. However, he never explained what those alleged omissions and obstructions were. The investigation exists only because, in an agreement ratified by the Brazilian Supreme Court which is still valid, made it possible.
The theatrical gesture presented by federal police deputy Velloso reignited in Brazil the notorious "operations" (a term created to glamourize actions by federal authorities when the only thing they have to do is carry out court orders), which seemed to have been forgotten. The local press was forewarned and called in advance to witness the presentations of the defendants. Facts widely disclosed earlier were presented as new, and there were no explanations for the temporary arrests.
After all, the accused themselves had already handed the documents to the authorities relating to the bribes. Thus, the only entity capable of destroying evidence at that point was the State itself. Furthermore there were no ongoing illegal practices to be halted at this time since none of the accused continue to hold positions they occupied in 2014. The bribes had already been paid, the retribution had already been provided by the State and the whole transacion was on record. Antônio Andrade is no longer Minister of Agriculture, nor is Eduardo Cunha Speaker of the House.
The institution of collaboration agreement, praised at the outset, is en route to a sad ending. What all its enemies did not achieve the biggest enthusiasts are succeeding: discrediting the institution of collaboration agreements. By the end of last week's grand spectacle, there is one clear outcome: it is now public knowledge that the Federal Police employs one deputy named Mário Velloso.

 é diretor da revista Consultor Jurídico e assessor de imprensa.

Revista Consultor Jurídico, 12 de novembro de 2018, 11h55

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