Sergio Moro extended for another five days the temporary arrest of the president of Eletronuclear

01/08/2015 09h02 - Updated 1/08/2015 09h02
Photo: Wilson Days (Agency Brazil)

Federal Judge Sergio Moro extended on Friday the temporary arrest of Othon Luiz Pinheiro da Silva, retired admiral and president of Eletronuclear licensed, and Flavio David Bar, Contractor executive Andrade Gutierrez, both held at the 16th phase of Operation Lava Jet.

The prosecutor says he has evidence of payment of kickbacks to Othon Luiz and called for the declaration of probation (no deadline to finish) the two suspects, in default of the Federal Police. The judge held, however, which at the moment is enough to extend the term of the temporary, until the tenth day.

According to the MP, the admiral who was ten years ahead of Eletronuclear received 4,5 million reais in the kickback Angramon consortium, responsible for works on the Angra plant 3, and construction companies Andrade Gutierrez and Engevix through its consulting Aratec, he made up with his wife and his daughters. The money came in the accounts of Aratec, according to prosecutors, after going through other shell companies. The judge found that was identified “a robust pattern of receiving and passing on values ​​of Andrade Gutierrez and Engevix for Aratec, Othon Luiz property, using intermediary companies”. The company also received direct transfers from other contractors of the billion club, investigated in Lava Jet.

“Even being present assumptions and foundations of probation, solve, in view of the employment history of the investigated Othon Luiz Pinheiro da Silva, with the services rendered to the country's nuclear power development area, and before his claim that could be clarified, documentary, the services provided by Aratec that would have justified the transfers alluded, solve, for the benefit of both investigated, at present only extend the temporary prison for another five days, which ended again decide on the application presented here by federal prosecutors”.

In its order, Moro said that prosecutors got more information on the leniency agreement the contractor Camargo Corrêa signed with the MP and the Administrative Council for Economic Defense (Cade). The judge points out that the cooperation of the company resulted in “Othon Luiz acting indication in favor of the cartel restricting competition of bids which were won by the Consortium Angramon, in addition to the reference to possible his performance in price Please charged by contractors for certain works”.

The judge also said that investigations have strengthened the evidence for authorship in relation to crimes allegedly committed by Othon Luiz Flávio and Bar. The judge says the MPF still managed to evidence pointing “materiality of crimes of corruption and money laundering in relation to transfers to Aratec company by contractors Andrade Gutierrez and Engevix, fraudulent to interposition of intermediate CG Consulting, JNobre, Deutschebras and Link Project, and simulation consulting contracts”.

“There is, after all, relevant evidence bidding fraud crimes, corruption and money laundering, and that the investigation would be associated to practice in serious crime series”, wrote. second Moro, the evidence reveals a “systemic corruption framework, developed in the usual way, professional and sophisticated”.

The president of Eletronuclear said licensed denied favoritism to contractors. He also denied having received bribes and said the Aratec, run by his daughter and his son in law, paid translation and consulting services. he said “not be able to clarify the services provided by them”, as the judge.
Flávio Barra, in turn, He chose to remain silent when asked about the bribe payments to licensed president of Eletronuclear and the services of Aratec.

“Although the precautionary arrests enacted during Operation Lava Jet promptly receive criticism, The fact is that, if corruption is systemic and deep, imposes a remand to Debela it, otherwise progressive worsening of the criminal framework. If the coping costs today are great, certainly will be higher in the future”, he explained Moro. “Such a risk is not eliminated by the fact that investigated Othon Luiz be licensed Eletronuclear, since licensing is not definitive removal and the information available shows that he sought his brief return. moreover, in the case of millions in kickbacks and having not been to identify your destination, remains the risk that the gains are washed or dissipated in the course of investigations without the crackdown, putting at risk the chances of abduction and confiscation.”

“Also in relation to Flavio David Bar, I consider not merely the head of removal from office of Andrade Gutierrez extent sufficient to prevent the risk to public order, for the executives is also a shareholder and, even for those who are not, It is impossible in practice, even with the formal clearance, control the extent of practical application”, the judge said.


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