Lava Jato changes the justice and the law

Joaquim Falcão – Folha de S. Paulo, 7/31/2015

Major investigations on corruption are changing Brazil’s justice system for the better.

A new, pragmatic generation of judges, prosecutors and police investigators put facts above doctrine. Brazil’s criminal Justice will not be the same after the Mensalão scandal – a congressional vote buying scheme tried in the country’s Supreme Court in 2012 – and the ongoing Lava Jato operation on massive fraud committed against state oil giant Petrobras. The unprecedented sentencing to jail terms of previously powerful government officials and members of Congress, in the Mensalão case, has created expectations and voters pressure for outcomes in the more serious Petrolão scandal.

Changes have occurred both in the practice of law by judges, prosecutors, investigators and lawyers, as well as in the doctrines and the courts, reflecting a generational change among Brazilian federal judges, prosecutors, and investigators. They are younger and have joined the judicial system at an earlier stage of their lives. They grew up in era of era of democracy and freedom of the press, decadence of traditional political parties and a society increasingly indignant about private appropriation of public goods. They are prone to protect the public’s interest and have no fear to carry out their constitutional duties.

Read original article in Portuguese here

The Betrayal of Brazil

Michael Smith, Sabrina Valle, Blake Schmidt – BloombergBusiness, 05/08/2015

In mid-2013, Brazilian federal police investigator Erika Mialik Marena noticed something strange.

Alberto Youssef, suspected of running an illicit black-market bank for the rich, had paid 250,000 reais (about $125,000 at the time) for a Land Rover. The black Evoque SUV ended up as a gift for Paulo Roberto Costa, formerly a division manager at Brazil’s national oil company, Petrobras. “We were investigating a money-laundering case, and Petrobras wasn’t our target at all,” says Marena. “Paulo was just another client of his. So we started to ask, ‘Why is he getting an expensive car from a money launderer? Who is that guy?’”

Marena had spent the previous decade building cases against money launderers, and Youssef had been a perennial target. He’d been arrested at least nine times for using private jets, armored cars, clandestine pickups by bagmen, and a web of front companies to move illicit cash. But Youssef had been spared serious jail time by testifying repeatedly against other doleiros, Brazilian slang for specialists in laundering unreported cash.

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Ricardo Lewandowski: Brazil’s Rising Chief Justice

Shannon Sims – OZY, 7/25/2014

A chance encounter sometimes makes history.

Like when lawyer Ricardo Lewandowski’s mom invited his good childhood friend Laerte Demarchi to lunch in the early 1990s.

“I told her I already had plans, that I was meeting a union organizer at my dad’s restaurant,” Demarchi recalls. “She said to bring him over, too.”

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Brazil’s leading anti-corruption Justice announces he is stepping down

MercoPress, 6/30/2014

“He came to say goodbye, given that he will retire next month,” Renan Calheiros told reporters after a private meeting with the jurist. “It was a surprise and we’re very sorry, since he’s one of the best models the country has,” the senator added.

The chief justice met earlier Thursday with President Dilma Rousseff to inform her of his decision.

Barbosa, 59, was the first black jurist to head Brazil’s Supreme Court, elected by his 10 fellow justices in October 2012.

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Brazilian companies face heavy fines with new corruption law

Joe Leahy – The Financial Times, 2/18/2014

The period before Brazil’s annual carnival in late February is normally short of news. But this month, the nation’s media has been buzzing with the case of a man who fled the country after being convicted in Brazil’s biggest corruption case.

Henrique Pizzolato, the former marketing director of Banco do Brasil, the state-controlled bank, was allegedly found living in his nephew’s apartment in Maranello, Italy, by Italian police and is facing possible extradition.

He disappeared from Brazil last year after being sentenced to more than 12 years jail for his role in the Mensalão case, in which some of the nation’s most senior politicians were found guilty of vote-buying in Congress using public money.

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Brazil police trial airs judiciary’s flaws

John Lyons – Wall Street Journal, 12/18/2013

A murder trial here that brought attention to Brazilian police brutality is now shining light on something else: A court system that can take years to produce verdicts, sometimes leaving both defendants and accusers feeling bereft of justice.

On Monday, a judge declared a mistrial in the prosecution of four São Paulo state policemen who are charged with the shooting a suspect in their custody, Paulo Nascimento, as he pleaded for his life in November 2012.

Soon after the trial began, a three-way shouting match broke out between the defense attorney, the lead prosecutor and the judge over a procedural question. It descended into a crossfire of accusations of judicial favoritism and an unqualified expert witness. A new trial won’t start before late 2014, officials said.

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