'The goal is not to absolve the companies, but to bury the cursed legacy of Lava Jato,' says Rafael Valim regarding ADPF.

247 - Three political parties, PSOL, PCdoB, and Solidariedade, filed a claim of non-compliance with a fundamental precept (ADPF) with the Supreme Federal Court (STF) to suspend the leniency agreements signed by companies accused of corruption in Operation Lava Jato. The agreements total approximately 8 billion reais, of which only 1 billion has been paid so far.

The ADPF also requests the redistribution of the case to Minister Gilmar Mendes, rapporteur of other actions that question the terms of agreements between the Federal Public Prosecutor's Office and companies, and a review of the rules governing this type of agreement. 

The action generated a strong reaction from groups favorable to Operation Lava Jato, who accuse the parties of trying to spare the accused companies from deserved punishment. Operation Lava Jato did not only result in the collapse of one or two organizations, but affected entire sectors, including shipbuilding and heavy construction, which housed some of the most competitive construction companies in the world.

"Several criminal prosecution bodies have demonstrably promoted the establishment of an Unconstitutional State of Affairs... with the cascading effect of widespread bankruptcies of companies that are strategic to the Brazilian economy," according to the ADPF (Arguição de Descumprimento de Preceito Fundamental - Claim of Non-Compliance with a Fundamental Precept).

The authors of the ADPF (Arguição de Descumprimento de Preceito Fundamental - Claim of Non-Compliance with a Fundamental Precept), signed by three law firms, Warde Advogados, Maimoni Associados, and Oliveira, Moraes & Silva, listed several allegations of bias, violations of the rule of law, political and electoral use, and financial interests that marked the decisions of the Curitiba task force and the first-instance judge. The action aims to subject the actions of state control bodies to the scrutiny of the Supreme Federal Court (STF), allowing for the review of agreements to ensure they comply with the Constitution and Brazilian laws.

“As the Supreme Federal Court has acknowledged on several occasions, Operation Lava Jato, under the guise of 'fighting corruption,' promoted a systematic violation of the Brazilian legal order,” states Rafael Valim, partner at Warde Advogados, in an interview with [publication name]. Capital letter"This is absolutely not about 'saving face' for the companies. Whoever says that hasn't read a single line of the legal action and shows a profound contempt for the Federal Constitution. It's about burying the cursed legacy of Lava Jato."