Marco Aurélio on the cartel: 'I'll name names'
A Supreme Court Justice is expected to lift the secrecy this week regarding the investigation into the alleged scheme of fraud in bidding processes for trains and subways in São Paulo involving members of the PSDB party; "I will preserve secrecy to the extent that the law requires, but not beyond that. We will even reveal the names of those involved," declared Marco Aurélio Mello; access was requested by the internal investigation committee of the Federal Public Prosecutor's Office, which is investigating the actions of prosecutor Rodrigo de Grandis, responsible for the case; regarding the splitting of the process, already decided, the rapporteur of the Siemens case commented: "for me it is clear, we must avoid what happened in AP 470"
SP247 – Information from the investigation into the fraud and bribery scheme involving PSDB politicians in São Paulo, known as the Siemens case, may be made public. Supreme Court Justice Marco Aurélio Mello's decision on the matter could be released this week.
According to him, who is the rapporteur for the case, which is under judicial secrecy, only information that violates the privacy of those involved should be kept secret. Federal deputy Arnaldo Jardim (PPS-SP) and three secretaries of Governor Geraldo Alckmin (PSDB) are cited in the complaint: Edson Aparecido (Chief of Staff), José Aníbal (Energy), and Rodrigo Garcia (Economic and Social Development).
Marco Aurélio reaffirmed that he will split the case, as he had already decided. Therefore, only politicians with the right to special jurisdiction will be judged by the Supreme Court, and the rest by the Federal Court of São Paulo.
According to him, the measure aims to "avoid what happened in AP 470," the so-called "mensalão" scandal, a case that, by a 2002 decision of the same Supreme Court plenary, was not separated, despite only three (out of 38) defendants having the right to special jurisdiction (read closest).
Below is a news report from Agência Brasil regarding this:
Brazil's Supreme Court will decide this week on sharing the investigation into the São Paulo subway system.
André Richter - Supreme Court Justice Marco Aurélio Mello is expected to decide this week whether to authorize the sharing of information from the investigation into the alleged bid-rigging scheme in São Paulo's train and subway system.
Access to the investigation was requested by the internal inquiry commission of the Federal Public Prosecutor's Office (MPF) in São Paulo, which is verifying the conduct of the public prosecutor Rodrigo de Grandis, who is responsible for the case.
In October of last year, the Attorney General of the Republic, Rodrigo Janot, ordered the Federal Public Prosecutor's Office (MPF) to clarify the alleged failure of the prosecutor that prevented the taking of depositions from three suspects. This failure led the Swiss Public Prosecutor's Office to drop the case against the suspects because the MPF in São Paulo had not complied with the request, made in 2011.
Justice Marco Aurélio, who is the rapporteur for the case investigating the alleged São Paulo subway cartel, is expected to authorize the lifting of some of the confidentiality of the investigation, as well as order the separation of the proceedings. With this decision, only parliamentarians mentioned in the case will have to answer the accusations before the Supreme Court.
"I will preserve secrecy to the extent that the law requires, but beyond that, no. We will even reveal the names of those involved. And the separation of cases is clear to me; we must avoid what happened in AP 470 [the mensalão trial]," said the minister.