Defendants use Renascer case to escape Mensalão scandal.
Church leaders Estevan Hernandes Filho and Sonia Hernandes were accused of money laundering through a criminal organization – a charge similar to the Mensalão scandal. The Supreme Federal Court dismissed the criminal case because it was not covered by Brazilian law.
247 – The defendants in the Mensalão scandal have been using old Supreme Court cases to avoid trial. This is the case with the Renascer church. The church leaders, Estevan Hernandes Filho and Sonia Hernandes, were accused of money laundering through a criminal organization – a charge similar to that of the Mensalão scandal. The Supreme Court dismissed the criminal case because it was not covered by Brazilian law. Read more in Maíra Magro's article in Valor:
Lawyers for the defendants in the Mensalão scandal are making appearances in the offices of the Supreme Court justices to deliver their final written arguments reinforcing their cases. This week, tensions rose with a new argument that could favor 35 of the defendants, and which will be included in the new briefs: the Supreme Court's decision to dismiss the criminal case against the founders of the Renascer em Cristo Church.
In its decision, the Supreme Court understood that the concept of a "criminal organization" does not exist in Brazilian law. The church leaders, Estevan Hernandes Filho and Sonia Hernandes, were accused of money laundering through a criminal organization—a similar accusation weighs against the defendants in the Mensalão scandal. The problem is that, under Brazilian law, money laundering can only be characterized when there is a prior crime, the so-called "antecedent." If this crime is not identified, a conviction for money laundering is not possible.
Hernandes and Sonia were accused of participating in a criminal organization, using the structure of the religious entity to collect money from the faithful, which would be diverted for their own benefit and that of third parties. But since the Supreme Court disregarded the criminal organization aspect, the criminal action lost its purpose and was closed. The decision was made unanimously on Tuesday by the First Panel of the Supreme Court, composed of five justices: the rapporteur of the case, Marco Aurélio Mello, as well as Antonio Dias Toffoli, Cármen Lúcia, Luiz Fux, and Rosa Weber.
Lawyers for the defendants in the Mensalão scandal will now attempt to use the same line of reasoning, which would apply to all those accused of money laundering. This argument is already being included in new briefs. Minister Luiz Fux alone will meet with eight lawyers on June 25th to discuss the matter, as confirmed in his agenda, and other members of the court are doing the same. In the Mensalão case, however, the issue is not so simple, as money laundering is also linked to other crimes, such as corruption and embezzlement (misappropriation of public funds). Therefore, although the argument benefits the defendants, it is not certain that it would result in acquittal.
"It's a good argument, a new fact that I will include in my brief," says lawyer Luiz Maximiliano Leal Mota, who defends PT (Workers' Party) advisor Anita Leocádia, accused of money laundering for withdrawing funds from accounts belonging to companies owned by businessman Marcos Valério. According to the lawyer, one of the prosecution's arguments is that the money laundering crime was committed because the money was the product of a criminal organization. "Those who are only indicted for money laundering resulting from a criminal organization should be acquitted," Mota maintains.
"If the Supreme Court follows the precedent, as I imagine it will, part of the accusation will fall apart," predicts criminal lawyer Pierpaolo Bottini, who defends former congressman Luiz Carlos da Silva, known as Professor Luizinho, also accused of money laundering. "Since the criminal organization doesn't exist, it would be necessary to clearly outline the path the money took, which wasn't done. So, this new definition will have an impact," he states. He notes, however, that it's still necessary to assess the exact impact of the Renascer decision on the defendants in the Mensalão case, a more complex case.
However, those defendants who were not accused of money laundering, such as the former Chief of Staff, José Dirceu, the former president of the Workers' Party (PT), José Genoino, and the party's former treasurer, Delúbio Soares, will not benefit. They were indicted for conspiracy and active corruption.