The Second Panel of the Supreme Federal Court orders the release of Bendine, former president of Petrobras.
By a 3-2 vote, the Second Panel of the Supreme Federal Court (STF) decided to release the former president of Banco do Brasil and Petrobras, Aldemir Bendine; with this decision, Bendine's preventive detention will be replaced by precautionary measures.
Brazil Agency - The Second Panel of the Supreme Federal Court (STF) decided today (9) to release the former president of Banco do Brasil and Petrobras, Aldemir Bendine. By a vote of 3 to 2, the panel granted the request for release made by the defense.
With this decision, Bendine's pre-trial detention will be replaced by precautionary measures, such as appearing in court when summoned, a ban on leaving the country, surrendering his passport, and a prohibition on contacting the other individuals under investigation in the case.
Bendine has been held in pretrial detention at the Pinhais Medical-Penal Complex (CMP), located in the metropolitan region of Curitiba, since July 2017, when he was arrested as part of the Lava Jato Operation investigations.
The former director's release was decided based on a dissenting vote cast by Justice Gilmar Mendes. According to the Justice, there are no justifications for keeping Bendine in pretrial detention for more than two years.
According to Mendes, the allegations made by the Federal Public Prosecutor's Office (MPF) regarding alleged repeated offenses and the possibility of fleeing the country are mere conjectures.
The understanding was shared by ministers Celso de Mello and Ricardo Lewandowski.
The rapporteur for the release request, Minister Edson Fachin, defended maintaining the imprisonment, arguing that Bendine has dual citizenship (Brazilian and Italian) and there is a possibility of him fleeing the country if he is granted freedom. According to Fachin, the fact that he is currently suspended from public office does not negate the possibility of him committing further crimes. Minister Cármen Lúcia also voted against his release.
Bendine presided over Banco do Brasil from April 2009 to February 2015 and Petrobras until May 2016. In a plea bargain made by businessman Marcelo Odebrecht, he was cited as one of the beneficiaries of undue payments at the state-owned oil company.
In his testimony, Marcelo, one of the informants in the Lava Jato investigations, told then-judge Sergio Moro that he authorized the transfer of R$ 3 million to Bendine. Marcelo Odebrecht was questioned by the magistrate in the criminal case in which he and Bendine are accused of corruption.
Following the testimony, Bendine's defense considered it to be conjecture and stated that Marcelo acknowledged not having been directly pressured for bribes.