Cardozo: "Lawyers are not members of a criminal gang"

247 - The Minister of Justice, José Eduardo Cardozo, once again rebutted, this Thursday (19), the criticism he received for having held at least one meeting with lawyers from construction companies investigated by the Lava Jato operation. "I do not accept the criminalization of lawyers. Authorities do have to receive lawyers," he stated during a press conference.

Cardozo said that the criticism regarding his meeting with Odebrecht's lawyers offended the legal profession. "Recently, a member of parliament said that the Minister of Justice cannot receive members of criminal gangs. I consider this an offense to the lawyers of Brazil," he stated. "Lawyers in the exercise of their profession who represent clients who are being prosecuted, regardless of whether they are guilty or not, are not members of criminal gangs simply because they are lawyers," he affirmed.

Below is an article from Agência Brasil:

Michèlle Canes - Reporter for Agência Brasil

The Minister of Justice, José Eduardo Cardozo, reaffirmed today (19) that he received lawyers from the Odebrecht company, at the beginning of the month, to discuss matters related to Operation Lava Jato. He said that the company brought two issues to the meeting: one about leaks of information in the investigation, and another about a topic that cannot yet be disclosed. The statement was given during a press conference to announce the balance of operations of the Federal Highway Police (PRF) during Carnival.

“The Odebrecht company said that throughout Operation Lava Jato, there were illegal leaks affecting the company, which constituted a clear violation of the law, and that I had ordered an investigation to look into these leaks, which is true. And [the lawyers] complained that the investigation was not being handled properly by the Federal Police (PF),” he said. Cardozo defended himself as the appropriate person to receive matters related to the PF, which is subordinate to the Minister of Justice. He stressed that, eventually, in cases of complaints, they are addressed either to the director of the PF or to the minister. Cardozo emphasized, however, that he does not intervene in investigations. “I should not intervene. I should not effectively give instructions. My guidance to the PF is clear: investigate whomever you want, no matter who it hurts, but obey the law.”

Regarding the other topic of conversation with Odebrecht's lawyers, the minister said he could not speak publicly due to judicial secrecy. "The second point raised by the company I will not mention yet because it concerns a matter for another body within the Ministry of Justice (MJ), within the framework of international cooperation. I cannot mention it because there are treaties governing these collaborations, and I cannot compromise an international treaty by disclosing any information about it," he emphasized.

According to the minister, the meeting followed all precautionary measures: formal request for it to be held, recording of the topics in minutes and presence of a representative from the Ministry of Justice. The lawyers were also asked to make representations so that the two issues could be forwarded to the competent sectors for investigation. One to the Federal Police Department, for appropriate action, and another to the Department of Asset Recovery and International Legal Cooperation (DRCI) so that it could provide information to the Federal Public Prosecutor's Office (MPF). The matter was forwarded yesterday (18), according to Cardozo, asking the MPF about the possibility of giving information to the applicant of the representation and whether it is possible to make the matter public.

The minister reinforced the statements made in a note released by the ministry, that lawyers have the right to be received, and denied that other meetings had been held to discuss issues related to Operation Lava Jato, but stressed that if requested, he would receive the lawyers with the same precautions. He said that "the statute governing the legal profession is clear when it establishes that a lawyer has the right to be received by public servants. When you receive a lawyer, you are not receiving the lawyer's client."

In addition to defending the duty of receiving lawyers, the minister said that no improper proposals were made to him. “Authorities do have to receive lawyers. If a lawyer makes an improper proposal, take the appropriate legal action. No lawyer asked me to intervene to release a prisoner, to speak with Judge Moro, or to speak with the Federal Public Prosecutor's Office. None, because if they had, I would have taken the appropriate measures. Whether from a criminal or ethical standpoint. I would have filed a complaint with the Brazilian Bar Association (OAB).”

Regarding news reports about the absence of a record of the appointment on his agenda for 80 days, the minister claimed that a change in the system used by the ministry caused the error. As for the possibility of testifying before the Parliamentary Commission of Inquiry (CPI) on Lava Jato in the Chamber of Deputies, the minister said he would not refuse to appear. "I will go with pleasure. There's no need to summon me." Cardoze said he would only like to appear before Congress already having a response from the Public Prosecutor's Office, so that he could answer questions about the meeting held. "I would like to have that detail. I have always gone to Congress, and I will go if they call me," he emphasized.