In a habeas corpus petition, Nuzman argues that private corruption is not a crime in Brazil.
The president of the Brazilian Olympic Committee (COB), Carlos Arthur Nuzman, filed a Habeas Corpus petition to annul the proceedings investigating his alleged participation in the purchase of votes for Rio de Janeiro's selection as the host city of the 2016 Olympics, arguing that private corruption is not a crime in Brazil. Nuzman's defense argues that the act attributed to him – mediating the purchase of votes from private agents – is not a crime in Brazil, only in France, and since the country "is neither a colony nor a French possession," he "cannot be accused of this conduct on national soil."
By Sérgio Rodas, in Conjur - Private corruption is not a crime in Brazil. Therefore, it is not possible to investigate someone in the country for this conduct. Based on this understanding, the president of the Brazilian Olympic Committee (COB), Carlos Arthur Nuzman, filed a Habeas Corpus petition to annul the proceedings investigating his alleged participation in the purchase of votes for the selection of Rio de Janeiro as the host city for the 2016 Olympics.
The Brazilian Federal Prosecutor's Office, in conjunction with the French Prosecutor's Office, claims that, at the request of former governor Sérgio Cabral (PMDB), businessman Arthur Soares, known as "King Arthur," paid US$2 million to buy the vote of the president of the International Association of Athletics Federations, the Senegalese Lamine Diack, in favor of Rio being chosen as the host city for the Olympic Games.
According to the prosecutors, Nuzman presented "corrupt individuals and those who corrupt" in the case. Therefore, he was taken to testify at the Federal Police on September 5th, had his assets frozen, passports seized, and was prohibited from leaving Brazil.
In a habeas corpus petition addressed to the president of the Federal Regional Court of the 2nd Region (Rio de Janeiro and Espírito Santo), Judge André Fontes, Nuzman's defense argues that the act attributed to him – mediating the purchase of votes from private agents – is not a crime in Brazil, only in France. And since the country "is neither a colony nor a French possession," the president of the COB cannot be accused of this conduct on national soil, state the lawyers Nélio Machado, Sergio Mazzillo, Rodrigo Magalhães, João Francisco Neto, Guilherme Macedo, and Guido Ferolla, of Nélio Machado Advogados, in the petition.
"Now, one cannot pay homage to foreign claims, undermining the importance of the Brazilian Justice system, which retains absolute autonomy to investigate and judge the specific cases submitted to it. It is inconceivable, as reasonable, that members of the French Public Prosecutor's Office should directly participate in investigations within the national territory, despite any evasive understanding endorsing this unsustainable partnership," the professionals argue.
The judicial cooperation agreement on criminal matters between Brazil and France, enacted by Decree 3.324/1999, makes it clear that "the requested State will only comply with search and seizure requests if the offense is punishable under its legislation (...)", emphasize Nélio Machado and his team. They also point out that the Superior Court of Justice has already prohibited investigations in the country of crimes that only exist in other States (HC 114.747).
Therefore, Nuzman's defense requests that all proceedings stemming from the request for international legal cooperation be declared null and void. Furthermore, the lawyers request the return and unfreezing of the assets of the COB president and the immediate revocation of the precautionary measure that prohibits him from leaving Brazil.