Fachin shields Temer and sends Odebrecht investigation to the Electoral Court.
Therefore, the process that was part of Lava Jato is restricted to the electoral sphere, ruling out criminal action for passive corruption; the electoral crime of undeclared campaign contributions is less serious, has a maximum penalty of five years, therefore does not lead to imprisonment and has a faster statute of limitations. The crime of corruption, prosecuted in Federal Court, would have a higher penalty, of up to 12 years in prison.
247 - In yet another case of double standards in the Supreme Federal Court's judgment, Minister Luiz Edson Fachin decided to send to the Electoral Court an inquiry in which former President Michel Temer is being investigated for alleged payments of undue advantages by Odebrecht to politicians from the MDB party.
Therefore, the trial is limited to the electoral sphere, ruling out criminal action for passive corruption. The electoral crime of undeclared campaign contributions is less serious, with a maximum sentence of five years, therefore it does not lead to imprisonment and has a faster statute of limitations. The crime of corruption, prosecuted in Federal Court, would carry a higher penalty, up to 12 years in prison.
The investigation, which was previously part of the Lava Jato proceedings, is based on plea bargain testimonies from executives of the construction company, who stated that at a dinner at the Jaburu Palace, the official residence of the then vice-president, in May 2014, Temer arranged for the transfer of R$ 10 million from Odebrecht to the party via undeclared funds.
The dinner and the agreement were confirmed by executive Cláudio Melo Filho, former vice-president of Institutional Relations at the construction company Odebrecht, and by the company's president himself, Marcelo Odebrecht.
In March 2018, Fachin authorized the inclusion of President Michel Temer in the investigation that is looking into former ministers Eliseu Padilha and Moreira Franco, both from the MDB party, within Operation Lava Jato.
At the meeting, Melo Filho states, Michel Temer requested financial support "directly and personally" from Marcelo Odebrecht, but this support was intended for the party's campaigns.
"At dinner, I believe that considering the importance of the PMDB and the fact that the Vice-President of the Republic was the president of that political party, Marcelo Odebrecht decided that a payment of R$ 10 million would be made. Clearly, the location chosen for the meeting [the Jaburu Palace] was a symbolic choice aimed at giving more weight to the request for financial transfer that was made on that occasion," said Melo.
Unlike his decisions when the defendants are different, Fachin only considered this part of the plea bargain. This is because the executive also said that the donations made periodically to various politicians were aimed at influencing their influence in approving measures of interest to Odebrecht in the National Congress.
In addition to this process, Supreme Court Justice Luís Roberto Barroso also sent to the Federal Court of Brasília the complaint filed against Temer in the case known as the ports investigation.