Britto: PSDB's mensalão scandal should be judged soon.

Alex Rodrigues
Reporter Agência Brasil

Brasilia – Former president of the Supreme Federal Court (STF), Carlos Ayres Britto, estimated today (27) that the trial of the so-called Minas Gerais mensalão will be judged soon. For the retired minister, the fact that 2014 is an election year will not affect the STF's consideration of the accusations. Minister Gilmar Mendes also admitted that the trial of the case could take place next year.

"We are in a very good phase, in which the Judiciary, more resolutely and consciously, applies the Constitution and the Brazilian legal system," replied Ayres Britto, when asked if he fears that the Court will take too long to consider the alleged scheme to divert money from public companies in Minas Gerais to finance the reelection campaign of the then governor of Minas Gerais and current senator, Eduardo Azeredo (PSDB), in 1998.

Azeredo, who lost that election, is accused of embezzlement and money laundering, but denies involvement in the scheme, claiming there are no documents confirming the existence of undeclared campaign funds. The rapporteur for the Minas Gerais case at the Supreme Court is Justice Luis Roberto Barroso, who has already expressed his intention to schedule the trial as soon as possible.

According to the Federal Public Prosecutor's Office (MPF), the Minas Gerais scheme was similar and is believed to have originated the illicit practices later replicated in the so-called federal mensalão scandal, which gave rise to Criminal Action 470, whose trial resulted in the conviction and recent imprisonment of politicians such as the former Minister of the Civil House, José Dirceu, and the former president of the PT party, José Genoino.

One of the key figures in the Minas Gerais scheme was businessman Marcos Valério, sentenced in the federal Mensalão scandal to 40 years, four months, and six days in prison for active corruption, embezzlement, money laundering, tax evasion, and conspiracy. Suspicions surrounding the so-called Minas Gerais Mensalão only surfaced after the federal Mensalão scandal was revealed in 2005.

According to Minister Ayres Britto, the outcome of the federal mensalão trial helps establish, in society, "the awareness that it is necessary to move forward." He stated that "it is now reasonably clear" that an election year, such as 2014, is not an impediment to judging a case, "however delicate, important, or politically charged it may be."

"There are certain democratic journeys, which cleanse customs, including judicial practices, that do not allow for a return. When we adopt certain intrinsically meritorious behaviors, such as impartiality and objectivity, regardless of who is the protagonist of the criminal action; when a resolute journey is made towards the faithful application of the laws, no return is permitted," said Ayres Britto.

The retired minister, however, avoided commenting on the sentences handed down to those already convicted in the federal mensalão scandal. "I haven't spoken about the execution of the sentence related to Criminal Action 470 so that it isn't interpreted as an attempt to influence the current ministers of the Supreme Court," he explained.
Minister Gilmar Mendes expressed a similar opinion to that of Ayres Britto. "No one is considering whether [2014] is an election year or not. The important thing is that the process is concluded and that the rapporteur puts it on the agenda, and then it will certainly be judged," said Mendes.

Shortly before, Mendes had stated that the Supreme Court had dedicated dozens of sessions to judging the federal mensalão scandal, having to prioritize other important cases over others. "There are, without a doubt, complaints regarding the lack of prioritization of issues of general repercussion. And, for the same reason, we are somewhat behind schedule in issuing binding precedents. Certainly, we will overcome this situation soon," the minister concluded.

The two ministers spoke to the press during the seminar Judiciary, Ten Years of Reforms and Innovation - Advances and Perspectives, in which they participated as speakers, along with economists Eduardo Giannetti and Marcos Lisboa. The event is part of the Innovare 2013 Award program, whose award ceremony is scheduled for tomorrow (28), in Brasília.