Former Minister Paulo Bernardo gives evidence at the PF in SPHe was arrested on 23 June by Lava jet and released six days later. Politician is suspected of integrating organization fraudava payroll loans.
Former Minister Paulo Bernardo, target of Operation Cost Brazil, unfolding of the 18th stage of Operation Lava Jato, gives evidence at the headquarters of the Federal Police, Lapa, West Zone of São Paulo, on the afternoon of Tuesday (19). He reached the place at around 16h20.
Arrested on 23 of June, he was released on 29, after a determination that left the minister Dias Toffoli, do Supremo Tribunal Federal.
Paulo Bernardo, who was minister of the government of Lula Planning and Communications in the first government Dilma Rousseff, It is suspected of integrating an organization formed to defraud one payroll credit management service to civil servants.
The company contracted for the service, o Grupo Consist, charged more than you should and replayed 70% of its turnover for the PT and political, as they informed the Federal Police, the IRS and the Federal Public Ministry.
A tip pays between 2009 e 2015 I would have reached approximately R $ 100 millions. “Tens of thousands of civil servants were injured”, said the superintendent of the Federal Revenue Service in São Paulo, Fabio Ejchel.
altogether, 11 preventive arrest warrants were issued by the Federal Court in São Paulo. Seven investigated for alleged participation in millionaire scheme of kickbacks were also released on 29. Two remain trapped.
Minister Dias Toffoli, do Supremo Tribunal Federal (STF), He answered on 29 June the request of the former Minister Paulo Bernardo and revoked his arrest, but he refused another PT Defense request for the case to be referred from the Federal Court of São Paulo to the Supreme Court.
Although Toffoli decision only be aimed at Bernardo, the judge of first instance which led to the release granted liberty to the seven investigated. “I emphasize that I fail to determine other protective measures for the investigated John Vaccari because already jailed for other Court”, the judge said Paulo Bueno de Azevedo, the 6th Federal Court of São Paulo.
To gain freedom, the eight investigated underwent some measures, to give the passport and not leave the country.
See the precautionary measures ordered by the judge:
– Attendance fortnightly to this Court (for residents investigated in São Paulo) or judgment (Federal, if there is) the city where they live;
– Contact ban with all other investigated;
– Suspension of civil service exercise;
– Prohibition to leave the country,, should the investigation give the passport to the Federal Court;
– Besides that, investigated must attend all the acts of investigation or proceedings which are summoned.
The Federal Public Ministry (MPF) required electronic monitoring through anklet. The judge, however, He said he has no agreement for the use of such equipment.
"With regard to electronic monitoring, we must emphasize that the Federal Regional Court of the 3rd Region, even more in spending cuts times, It does not have an agreement for use of electronic anklets. This is a structural problem of Justice and this Court can not determine precautionary measures not subject to effective practice ", said the magistrate of the 6th Federal Court of São Paulo.
Defense Paulo Bernardo
The defense of Paul Bernardo denies that he has involvement in embezzlement. Lawyers Guilherme Goncalves and Dércio Guedes de Sousa said they have convinced customers of innocence.
In an interview with GloboNews, the lawyer Veronica Abdalla Sterman said Paul Bernardo was in a custody hearing in federal court on Friday (24) and was not questioned by the Federal Police.
She said that “all acts of investigation made so far do not divide the alleged conduct of Paul Bernardo and Gleisi Hoffmann [PT-PR senator and former minister's wife]. Research of São Paulo ends investigating the senator via transverse.
In carrying out the arrest warrant last week, federal police entered the apartment functional parliamentary PT in Brasilia.
The defense of the PT claimed that his arrest was illegal and that the former minister had no involvement with any irregularities identified in the Ministry of Planning. Despite the appeal of lawyers, the Federal Court of São Paulo was held on Monday (27) Probation (no specified period) Paul Bernardo.
on Wednesday, after being issued the order for Toffoli, the PT's lawyers said, by note, that the decision of the Supreme shows that the arrest warrant had “generic reasons and that there was no legal requirements for arrest.
“The decision of the Minister Dias Toffoli, accepting the request of the technical defense, deconstructed all the basics of Paul Bernardo in prison. Made it clear that the foundation was generic and that the legal and constitutional requirements were not present”, observed defenders.
In the order in which ordered the release of Paul Bernardo, Toffoli said that there was a “flagrant illegal constraint” the arrest of former minister. In view of the magistrate, the decision of the federal court judge to imprison the PT is based, “so fragile”, the conclusion that staff, due to be former minister and have connection with other investigated and the company suspected of having committed irregularities, Paulo Bernardo “could interfere with the production of evidence”.
Toffoli said in the decision that the judge of the Federal Court of São Paulo did not indicate in the arrest warrant “a single concrete factual element that could support this inference”.
“I envision, in kind, flagrant illegal constraint that can be repaired by granting habeas corpus craft”, the minister said the Supreme Court decision in the stretch.
“The custody for public order guarantee would be appropriate, in theory, if there was evidence that the complainant would be transferring funds abroad, conduct that would imply real risk of practicing new money laundering crimes. Of this, however, Per hour, no news”, he added Toffoli.