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The transcripts of the private chats[7] would indicate that Moro provided insider information to prosecutors, assisting the Federal Prosecutor's Office (MPF) in building cases, as well as directing the prosecution, requesting operations against relatives of witnesses, suggesting modification in the phases of the Lava Jato operation. They also showed agility in new operations, strategic advice, providing informal clues, and resource suggestions to the MPF to convict the former Brazilian President Luiz Inácio Lula da Silva on corruption charges.[8][9][10]
The leaks had wide repercussions. Sergio Moro, the Lava Jato task force and the MPF, to defend themselves against the accusations, questioned the authenticity and origin of the data.[11][12]
Chronology
On June 9, 2019, The Intercept Brasil published three articles showing internal discussions, coordinated by prosecutor Dallagnol, in collaboration with former judge Moro. The three articles were summarized in two articles into English: Part 1[13] and Part 2.[14] The exchanges were highly controversial, politicized and legally dubious attitudes of the Lava Jato task force.[15]The Intercept, in this phase, explains how and why they are publishing private chats about Lava Jato and Sergio Moro.[14] The reporters also show that Lava Jato prosecutors secretly plotted to prevent Lula from interviewing before the elections for fear that he would help ‘elect Haddad’ and, additionally, that Dallagnol doubted the evidence against Lula[13] and Petrobras' bribery hours before the denunciation of the triplex.[16][17]
In Part 4, the conversation shows that the judge, not the prosecutors, was in charge of the investigation. He suggested that investigators change the order of phases of the Lava Jato, called for agility in new operations, gave strategic advice and informal clues, anticipated a decision he would rectify, criticized and suggested appeals to the Public Prosecutor's Office and scolded Dallagnol.[18]
Investigative reports surfaced in the midst of a deep political, economic and social crisis that Brazil is going through. For years, various sectors of society have denounced deviations, abuses and unconstitutional actions committed by the Lava Jato operation.[19] The following day, conservative newspaper O Globo and other media attacked the veracity of some facts in the article.[20]
On June 12, 2019, Greenwald published the entire reserved dialogues, from October 2015 to September 2017, relevant to the report published on June 9 (Part 5).[21][22] Telegram messages leaked between Moro and Dallagnol, now included Luis Fux, Minister of Justice of the Supreme Federal Court. The messages show evidence of pressure from Moro, current Justice Minister of Jair Bolsonaro, to speed up the ruling despite the lack of evidence. Moro stated, in order to calm down the prosecutors about an appeal: "In Fux we trust".[23]
Due to the political-party bias implicit in the dissemination of messages, on June 14, 2019, left-wing parties asked for the resignation of the Minister of Justice. Moro responded that he will not step down from his post and that he was the target of a cyber attack and that the country is facing "a crime in progress", promoted by a large professional criminal organization.[24] On the same day, a Congressman from Bolsonaro's party explicitly was threatening Greenwald with arrest and/or deportation for reporting on the "massive improprieties of Bolsonaro's Justice Minister and the prosecutors who imprisoned Lula".[25] Reacting to the Vaza Jato exposé, Rep. Ro Khanna and Sen. Bernie Sanders joined the Free Lula movement and each raised concerns over Lula's continued imprisonment and the Bolsonaro government's involvement in the scandal.[26]
On June 12, 2019, Brazilian conservative magazine Veja published a report accusing Moro of “illegally” steering prosecutors as they worked to convict Brazilian politicians and "overstepping his role as judge," claiming that its journalists had spent a fortnight pouring over nearly 650,000 leaked messages between officials involved in the investigation, and concluded the former judge was guilty of serious “irregularities.” Following the report, Moro released a statement condemning “the distorted and sensationalist diffusion of supposed messages obtained by criminal means.”[6][27]
The Intercept and the Associated Press reported that the FBI requested case documents about Lula's investigation before the case became public, and Moro authorized the information to be sent to the Justice Department through unofficial channels.[28] On August 20, 2019, US representative Hank Johnson (D–GA) and his colleagues sent a letter to then Attorney GeneralWilliam Barr stating that The Intercept published leaked communications between Judge Moro and senior prosecutors that "reveal close collaboration" and "reports of collusive actions aimed at building a case against former president Lula”.[29] Rep. Johnson requested the DOJ to inform if the "DOJ agents aware of collusive actions involving Judge Moro...".[30]
The Brazilian Congress identified at least 13 FBI agents involved with Moro and Dallagnol to collect secret court files.[31] In exchange for these files and other information, that would help the prosecution of Brazilian companies under the U.S. Foreign Corrupt Practices Act (FCPA),[32] U.S. authorities would share part of the fines to Moro and the Brazilian prosecutorial authorities involved with the Lava Jato operation, in order to the create a private foundation totally administered and controlled by the same Brazilian prosecutors.[33]
In July, 2020, 77 members of Congress sent a letter to their U.S. counterparts, requesting that the Americans “adopt the appropriate legislative measures” and “hold those responsible agents and officials accountable.”.[34] In July 2021, Congressman Hank Johnson requested from Attorney General, Merrick Garland to inform the Congress what was the role of the DOJ agents in the Car Wash operation and what role DOJ played in the political persecution of Lula da Silva. Congressman Johnson also additionally, informed the Attorney General that Rep. Johnson had never received an adequate response from the Barr DOJ about the issue his letter sent in August 2019.[35]
Luiz Inácio Lula da Silva, also known as Lula da Silva or simply Lula, is a Brazilian politician who is the 39th president of Brazil. A member of the Workers' Party, he was also the 35th president of Brazil from 2003 to 2010. He has held the presidency of the G20 since 2023.
Delúbio Soaresde Castro is a Brazilian trade unionist who has had a long professional association with the Brazilian Workers Party (PT). He is particularly noted for his involvement in the mensalão scandal.
Glenn Edward Greenwald is an American journalist, author, and former lawyer.
José Reinaldo Azevedo e Silva is a Brazilian journalist. Currently, Reinaldo is a columnist in Folha de S.Paulo newspaper and acts as a commentator on RedeTV! News, of RedeTV! channel, in addition to presenting the program "Pela Ordem" on the platforms of the station. Azevedo's blog was listed in 2014 as one of the top ten political blogs in Brazil.
Corruption in Brazil exists on all levels of society from the top echelons of political power to the smallest municipalities. Operation Car Wash showed central government members using the prerogatives of their public office for rent-seeking activities, ranging from political support to siphoning funds from state-owned corporation for personal gain. Mensalão for example was the practice of transferring taxpayer funds as monthly allowances to members of congress from other political parties in consideration for their support and votes in congress. Politicians used the state-owned and state-run oil company Petrobras to raise hundreds of millions of reais for political campaigns and personal enrichment.
The Intercept is an online American nonprofit news organization that publishes articles and podcasts.
Operation Car Wash, or Operation Jet Wash was a landmark anti-corruption probe in Brazil. Beginning in March 2014 as the investigation of a small car wash in Brasília over money laundering, the proceedings uncovered a massive corruption scheme in the Brazilian federal government, particularly in state-owned enterprises. The probe was conducted through a joint task force of agents in the federal police, revenue collection agency, internal audit office and antitrust regulator. Evidence was collected and presented to the court system by a team of federal prosecutors led by Deltan Dallagnol, while the judge in charge of the operation was Sergio Moro. Eventually, other federal prosecutors and judges would go on to oversee related cases under their jurisdictions in various Brazilian states. The operation implicated leading businessmen, federal congressmen, senators, state governors, federal government ministers, and former presidents Collor, Temer and Lula. Companies and individuals accused of involvement have agreed to pay 25 billion reais in fines and restitution of embezzled public funds.
Sergio Fernando Moro is a Brazilian jurist, former federal judge, college professor, and politician. He was elected as a member of the Federal Senate for Paraná in October 2022. In 2015, he gained national attention as one of the lead judges in Operation Car Wash, a criminal investigation into a high-profile corruption and bribery scandal involving government officials and business executives. Moro was also Minister of Justice and Public Security under the presidency of Jair Bolsonaro from 2019 to 2020.
Deltan Martinazzo Dallagnol is a Brazilian politician affiliated to the New Party (NOVO). Dallagnol was also a federal prosecutor specialized in crimes against the national financial system and money laundering from 2003 to 2021. He is known for being the lead prosecutor of Operation Car Wash, an investigation into corruption in the Brazilian petroleum company Petrobras.
Alexandre de Moraes is a Brazilian jurist, currently serving as president of the Superior Electoral Court and as a justice of the Supreme Federal Court.
Events in the year 2018 in Brazil.
David Michael dos Santos Miranda was a Brazilian politician. He was a Federal Congressman representing the state of Rio de Janeiro, serving from 2019 until 2023, and was affiliated with the Democratic Labour Party (PDT), after switching parties from the Socialism and Liberty Party (PSOL) in 2022. Prior to that, he was a City Councilman representing the city of Rio de Janeiro. Miranda also played a key role in Edward Snowden's global surveillance leaks.
Joice Cristina Hasselmann is a Brazilian politician, journalist, writer, activist, and political commentator.
The International Committee of Solidarity in Defence of Lula and Democracy in Brazil, also known as the Free Lula Movement, was a political and social movement composed of several Brazilian entities that advocated the release of the ex-President Luiz Inácio Lula da Silva, known as Lula, from prison. Lula was convicted of money laundering and passive corruption, defined in Brazilian criminal law as the receipt of a bribe by a civil servant or government official. In 2017 he was sentenced to nine years and six months in prison by judge Sérgio Moro. On February 6, 2019, in another trial he was sentenced to 12 years and 11 months of imprisonment for the crimes of passive corruption and money laundering in the process that deals with the receipt of undue advantages through reforms made at a site in Atibaia and paid by Odebrecht and Schahin as counterpart for the conclusion of overburdened contracts with Petrobras. However, leaked cellphone chats published by The Intercept suggested Sérgio Moro, who became a justice minister after the conviction, steered the case against Lula.
Events in the year 2020 in Brazil.
Polícia Federal: A Lei É para Todos is a Brazilian thriller movie of 2017. It was directed by Marcelo Antunez, produced by Tomislav Blazic and scripted by Thomas Stavros and Gustavo Lipsztein. It was inspired by the book of the same name by Carlos Graieb and Ana Maria Santos. Starring Antônio Calloni, portrays Operation Car Wash from the point of view of the police investigators who acted in it. According to producer Tomislav Blazic, the plot will be divided into three films, which should be released each year, and the film is not a documentary and therefore, despite being based on the Lava Jato, has no obligation to be faithful to the reality.
A long series of criminal investigations have occurred in Brazil associated with Operation Car Wash, since the first one began in March 2014. These investigations are considered offshoots of the original phased investigations.
A long series of criminal investigations have occurred in Brazil associated with Operation Car Wash. The first investigation was launched in March 2014, and is now known as phase 1 of the investigation, with subsequent inquiries numbered sequentially and having code names such as phase 2, phase 3, and so on. By February 2021, there were 80 announced phases of Operation Car Wash.
The Odebrecht–Car Wash leniency agreement, also known in Brazil as the "end of the world plea deal", was the leniency agreement signed between Odebrecht S.A. and the Public Prosecutor's Office (PGR) in December 2016, as part of Operation Car Wash. The agreement provided for the deposition of 78 of the contractor's executives, including the former president Marcelo Odebrecht, and his father, Emílio Odebrecht, which generated 83 investigations at the Supreme Federal Court (STF).
Cristiano Zanin Martins is a Brazilian attorney and professor who serves as justice of the Supreme Federal Court. He gained notoriety as personal attorney of president Luiz Inácio Lula da Silva in lawsuits related to Operation Car Wash.
↑ Cittadino, Gisele (2018), Cittadino, Gisele; Proner, Carol; Ricobom, Gisele; Dornelles, João Ricardo (eds.), "The multiple and perverse meanings of Sérgio Moro's sentence", Comments on a notorious verdict, the trial of Lula, CLACSO, pp.62–64, doi:10.2307/j.ctvn96gjp.15, JSTORj.ctvn96gjp.15
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