Cunha's defense team files an appeal with the Supreme Court.
A motion for clarification requests a correction to the judgment in Criminal Action 470; lawyer Alberto Zacharias Toron argues that the final text of the judgment does not make clear what amount was allegedly embezzled by the congressman, R$ 536 or R$ 1 million; the deadline for the second round of appeals ends this Monday, the 21st.
André Richter
Reporter from Agência Brasil
Brasilia – The defense of federal deputy João Paulo Cunha (PT-SP), sentenced to nine years and four months in prison, in Criminal Action 470, the mensalão trial, filed today (21) an appeal with the Supreme Federal Court (STF) to request correction in the judgment, the final text of the trial. The deadline for filing the motions for clarification in the second phase of appeals ends today (21).
In the petition submitted to the Supreme Court, lawyer Alberto Zacharias Toron stated that the text of the ruling from the first phase of the appeals process, finalized in September, is unclear regarding the amount allegedly embezzled by the congressman: R$ 536 or R$ 1 million.
In the trial, it was agreed that the amount stipulated in the indictment by the Federal Public Prosecutor's Office (MPF), of R$ 536, will be valid, removing the amount of R$ 1 million that was included in the judgment. This amount refers to the money embezzled through the advertising agency SMP&B, owned by advertising executive Marcos Valério, when the congressman held the position of president of the Chamber of Deputies in 2003.
In addition to the motions for clarification, Cunha is entitled to an appeal for review, a legal recourse that allows for the reopening of the trial for the crime of money laundering, since he received more than four votes for acquittal. The deadline to file the appeal for review is November 11th.
Edited by: Carolina Pimentel