Machado's plea bargain protects his sons from Lava Jato investigation.

In the plea bargain agreement he signed with the Attorney General's Office, former Transpetro president Sérgio Machado secured the exemption of three of his four children from criminal proceedings related to "Lava Jato." In return, the Machados agreed to provide documents and testify to Brazilian and foreign authorities.

The document was kept confidential. gotten up This Tuesday, the agreement was signed by Supreme Court Justice Teori Zavascki, who had already approved it. As part of it, Machado recorded conversations with the president of the Senate, Renan Calheiros (PMDB-AL), former president José Sarney, former Minister of Planning Romero Jucá (PMDB-RO), and former Minister of Transparency Fabiano Silveira, in which they criticized "Lava Jato".

Due to these audios — which do not have value of proof, according to experts —, Jucá and Silveira let o government of the interim president, Michel Temer, and the Attorney General of the Republic. Asked The preventive detention of Renan, Sarney, and Jucá, which was denied by Teori.

Fearing that his family members would be involved in the operation, as happened with the children of former president Luiz Inácio Lula da Silva (PT) and with the wife and daughter of the suspended president of the Chamber of Deputies, Eduardo Cunha (PMDB-RJ), Sérgio Machado obtained a commitment from the Federal Public Prosecutor's Office that the body will not file charges or in any way propose criminal action against Daniel Firmeza Machado, Sergio Firmeza Machado, and Expedito Machado da Ponte Neto.

The Federal Public Prosecutor's Office (MPF) also committed to adopting measures to ensure maximum protection of the names, addresses, and data of the children of the former president of Transpetro. Furthermore, the prosecutors guaranteed that they will petition the courts, if necessary, for precautionary measures to safeguard the Machado family's security. Among these measures is their inclusion in the federal witness protection program provided for in Law 9.807/1999.      

Obviously, protection doesn't come for free. According to their father's plea bargain agreement, as reported in the newspaper... The State of S. PaulDaniel, Sergio, and Expedito agreed to cooperate with the "Lava Jato" investigations at any time. They also became jointly liable for the R$75 million fine that Sérgio Machado will have to pay. And the assets of the sons listed in their latest income tax returns will serve as collateral for the payment of this amount.  

Misconduct lawsuits
Under the plea bargain agreement, the Federal Public Prosecutor's Office (MPF) will have to try to convince any state agency, public company, or mixed-economy company that has initiated administrative proceedings against Sérgio Machado to consider that the R$ 75 million fine settles the matter or, at least, serves to reduce the amount charged.

Another obligation of the federal prosecutors is to request that the judgments in administrative misconduct cases against the former president of Transpetro only have declaratory effects.

End of privacy
In order to obtain leniency in legal proceedings, Sérgio Machado relinquished his privacy. In his plea bargain agreement, he agreed to provide his email login credentials to national and international authorities.

But this is not the only information the executive will have to provide to investigators in Brazil and other countries. He will also have to hand over all data on his financial transactions abroad, including registration documents, credit card statements, and bank statements.

Home confinement
According to the agreement, the maximum sentence Machado could receive is 20 years in prison. After that, legal actions and investigations against him will be suspended until they expire (unless the executive violates the plea bargain agreement).

For the first two years and three months, the former president of Transpetro will serve a closed regime at his home in Fortaleza, and will not be allowed to leave except in case of a medical or dental emergency for himself or his wife. During this period, he will wear an electronic ankle monitor and will only be allowed visits from lawyers, healthcare professionals, service providers, or the 27 family members and friends listed in the agreement.

When he progresses to the semi-open regime, Sérgio Machado will gain the benefit of receiving other people in addition to those 27, provided the Federal Public Prosecutor's Office authorizes it beforehand. During this phase, which will last nine months, the executive will be able to work outside his home, as long as he is not late or works overtime. His working hours must be strictly from 8:01 am to 19:59 pm, not a minute more or less. Furthermore, during this time, Machado will perform 8 hours of community service per week.

If Sérgio Machado fulfills his obligations to the letter during the first two and a half years, the Federal Public Prosecutor's Office may exempt him from serving the remainder of his sentence, provided that the information he provided proves to be true.

Click here to read the full text of the plea bargain agreement.