Minister Luis Felipe Salomão, national inspector of Justice, decided to investigate senator Sergio Moro (União-PR) after finding signs of irregularities in the management of fines from the whistleblower and leniency agreements concluded in Operation Lava Jato.
Moro was responsible for the processes at the height of the operation, when he commanded the 13th Federal Criminal Court of Curitiba. The senator has criminal jurisdiction in the Federal Supreme Court (STF), but the investigation is administrative in nature. The Federal Police are also carrying out an investigation into the case.
“In the fantastic world of the CNJ Internal Affairs, recovering money stolen from criminals and returning it to the victim (Petrobras) is a crime. Only even in the Lula Government”, reacted the senator on social media.
Judges Loraci Flores, João Pedro Gebran Neto and Marcelo Malucelli, from the Federal Regional Court of the 4th Region (TRF4), Lava Jato’s appeals court, and judges Gabriela Hardt, who replaced Moro when he left the bench, will also be investigated. , and Danilo Pereira Júnior. When contacted, TRF4 informed that it will not comment.
Disciplinary complaints were opened ex officio, that is, on the initiative of the inspector of the National Council of Justice. The decision is based on the extraordinary correction report made at the Federal Court of Paraná.
The CNJ inspection pointed to signs of irregularities in the approval and control of collaboration and leniency agreements signed at Lava Jato. The document raises suspicions about the destination of the amounts negotiated with whistleblowers and companies investigated for corruption at Petrobras.
The disciplinary complaint affecting Sergio Moro and Gabriela Hardt involves an old Lava Jato controversy: the proposal to create a foundation that would be managed with resources from a R$2.5 billion fine paid by Petrobras in action in the United States. The task force abandoned the project after the negative repercussions.
The CNJ states that magistrates and members of the task force would have acted in ‘collusion’ to allocate the fines from the plea bargaining and leniency agreements to Petrobras’ coffers because they knew that the money would be used by the state-owned company to pay the fine abroad and that part of these resources would go back to the ‘Fundação Lava Jato’ project.
The magistrate calls into question the decisions that authorized the transfers to Petrobras, between 2015 and 2018, and states that he sees signs of ‘repeated violation of the duties of transparency, prudence, impartiality and diligence of the position’.
“The amounts would have been transferred before the final judgment of part of the criminal actions, in a process initiated ex officio that did not include the participation of defendants and investigated. The former judge and the magistrate would not have, yet, considered the fact that the company had been under investigation by American authorities since November 2014, due to the company’s illicit conduct in the United States of America, being a defendant in processes that investigated suspicions of corruption”, says the statement released by the CNJ.
The National Council of Justice will also investigate whether Moro used the judiciary to promote himself and enter political life. He left his career to take over the Ministry of Justice in the Jair Bolsonaro government and was elected senator in 2022.
Another three disciplinary complaints will investigate the conduct of judges João Pedro Gebran Neto, Marcelo Malucelli and Loraci Flores de Lima in an appeal presented by Petrobras against the decision of the 13th Federal Court of Curitiba that provided for the transfer of more than R$43 million to National Penitentiary Fund (Funpen) and the National Treasury Single Account. The case has been pending judgment for one year and five months and, during this period, it was reviewed by the three judges without definitive analysis.
“There is a need to investigate, at the administrative level, whether the stoppage in the conduct of the indicated process, which has a relevant connection with the entire system of allocation of values and assets of the operation called Lava Jato, may reveal an action that tarnishes the provisions of the Federal Constitution , in Loman and in the rules drawn up by this Council, in reference to the linked magistrates”, adds Salomão in his decision.
The CNJ also opened a final disciplinary complaint to determine whether judges Loraci Flores and Carlos Eduardo Thompson Flores and Danilo Pereira Júnior deliberately failed to comply with the decision of Minister Dias Toffoli, of the Federal Supreme Court (STF), who ordered the suspension of criminal actions in Operation Lava Jet.
Understand what will be investigated:
– Sergio Moro: use of the judiciary for partisan political purposes and decisions that authorized the transfer of fines from plea bargains and leniency agreements to Petrobras;
– Gabriela Hardt: decisions that authorized the transfer of fines from whistleblower and leniency agreements to Petrobras;
– Marcelo Malucelli: delay in judicial provision;
– João Pedro Gebran Neto and Loraci Flores de Lima: delay in judicial provision and non-compliance with the STF decision;
– Danilo Pereira Júnior: non-compliance with the STF decision.
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