sexta-feira, 2 de outubro de 2015

Urgent! Teori Zavascki authorizes Lula's testimony in Lava Jato


The minister Teori Zavascki, the Supreme Federal Court (STF) approved on Friday (2) that former President Luiz Inacio Lula da Silva and his government ministers are heard in testimony in one of the surveys of Operation Lava jet.

The request to hear Lula was made to the Minister by the Federal Police. The former president is not investigated in the case, but will be heard in the control condition, as advocated by the Attorney General of the Republic, Rodrigo Janot, or "informant" in the words of the minister.

A spokesperson for the Lula Institute reported that for now, the former president had no access to the decision and therefore will not make any comment.

Lula's testimony was asked in early September by the Federal Police Josélio Sousa in the largest survey of Lava jet at Supreme: which currently has 39 investigated and which determines whether there has been the formation of a criminal organization as Petrobras for bypass public money and paying bribes to politicians.

On request, the delegate pointed out that the former president may have benefited, obtaining benefits for himself, for his party, the PT, or even to his government, with the maintenance of a sustained party support base to business expense unlawful in Petrobras.

Last week, Attorney General of the Republic,Rodrigo Janot, agreed to the request, pointing out however that there was no goal so far to justify the inclusion of new names in the investigation. This, according to the prosecutor, does not prevent people from being heard as witnesses.

"For the legal status of such persons is changed - witnesses for investigation - it is necessary that the police authority objectively point the fact, give rise to the change of status, which will shortly be evaluated by the holder of the prosecution," says Janot, which is who leads the research.

Although Lula no longer has the so-called privileged forum - why not mandate holder - PF's request was sent to the Supreme Court because the investigation involves politicians who can only be investigated by the court.

Other interviewees
In the same order of Teori Zavascki, he also agreed to extend this survey over 80 days, as requested by the PF, apart from taking statements from other members of Lula and Dilma governments.

Among these, it is the former minister of Institutional Relations Secretariat Ideli Salvatti, the former minister of the General Secretariat of the Presidency Gilberto Carvalho ; former minister of Staff José Dirceu, who are stuck in Curitiba; and former presidents of Petrobras Jose Sergio Gabrielli and José Eduardo Dutra.

The minister also authorized testimony of former Senator Francisco Dornelles (PP-RJ); the president of the PT, Rui Falcão; the former treasurer of the Campaign President Dilma Rousseff José de Filippi Junior; and also representatives of the construction companies Queiroz Galvao, Braskem, UTC, Jaragua, Camargo Correa, Galvão Engenharia, Constran, Take and Alusa Engenharia.

Janot had also agreed with their testimonies provided by witnesses; Teori Zavascki classified all as informers.

Asked about Dilma is denied
Elsewhere the order, Teori Zavascki still speak on a request from the PSDB leader in the House, Representative Carlos Sampaio (PSDB-SP), so that President Dilma Rousseff was also heard in the same survey. The minister said that such a request is "manifest impossibility."

"In addition to dealing with strange question to this investigation, whose provocation not dispense, according to the here settled case law, the initiative of the prosecution [...] it is important to note that the Supreme Court does not utter advisory only decisions without relevance 'with the essence of judicial activity,' "he wrote the minister, citing other decisions of the Supreme Court on applications of the kind.

In order to listen to Dilma, Sampaio argued that the president could possibly turn out to be investigated in the case, contrary to what claimed the delegate in order to hear Lula.

"President Dilma can indeed be investigated, because the Federal Constitution prohibits is that it is processed. And, like Lula, there are elements so that the president be investigated, as she held positions that, by itself, to put at the center of criminal acts. It is possible that, having passed through the Ministry of Mines and Energy, the folder to which Petrobras is not bound by the Civil House and was chairman of the State Administration, she says, simply, that did not know anything, "affirmed the order.