STF authorizes wedge breach of confidentiality, but denies the Lobãothe Theory, there is no evidence to justify the Lobão data breaches.
The Minister of STF (Supreme Court) Teori Zavascki authorized the breaking of phone records Away Deputy Eduardo Cunha (PMDB-RJ) in investigations of Lava Jato, but he rejected the removal of the telephone secret Senator Edison Lobão (PMDB-MA).
Breaches of the secrecy of parliamentarians were required to defend Wedge in criminal proceedings, where Cunha is accused of receiving US $ 5 million in kickbacks from contracts Petrobras-drillships. The deputy was transformed into defendant and answer for the crimes of corruption and money laundering.
The secrecy clearance period will reflect the day 18 September 2011, period not 19 e 21 hours”, to try to get data on the wedge location at the time.
The idea of defense is to deconstruct the idea that Cunha pressed the businessman Julio Camargo to resume the payment of bribes by business.
the Theory, there is no evidence to justify the Lobão data breaches. “Not true indispensability situation of the third secrecy clearance, Senator of the Republic, it is not investigated in this criminal action, for “deconstruct possible conjectures” (fl. 3.037v.) on alleged phone call told in testimony in winning collaboration, what, in turn, It is not decisive to prove the facts narrated in the complaint”, the minister said.
The minister also said that the absence of Cunha data “It does not necessarily exclude the existence of the events in the complaint”.
Camargo signed whistleblower award agreement and said PMDB allies Members submitted applications in House committees asking authorities to information on the company Mitsui, provider of services Petrobras and Camargo who kept business.
Folha revealed in April 2015 the name “dep. Eduardo Cunha” It appears as the author of computer files in which they were written.
Heard by investigators, Camargo told still have disbursed US $ 5 million in bribes to Cunha, through lobbyist Fernando Baiano.
In the piece signed by deputy attorneys away, Cunha says the breaking of his own telephone sigils and Lobão can prove that Julio Camargo lied in their testimonies.
Camargo reports that, feeling blackmailed by the requirements, He asked for help to Lobão, at the time Minister of Mines and Energy.
According to the informer, a meeting at the Air Base of the Santos Dumont Airport, in Rio de Janeiro, the then Minister said the strategy of pressure via camera was being captained by Cunha and, then, Lobão called parliamentary Fluminense in front of Camargo.
“This fact is false. Precisely for this reason the Federal Prosecution produced no evidence that such a link has occurred, having been limited to asking the relationship of plates that entered the Air Base. The alleged entry of people in one location does not make proof of what people did at that location”, argues the defense.
Lawyers ask breach of confidentiality regarding the day the entrepreneur and Senator met at the Rio airport.
in the play, Cunha contests the version that has been responsible for the requirements, requests access to the testimony of all informers that made him accusations and lists a number of members that made up his shock troops to be heard as witnesses in the process.