Decision on 2474 may have 'historical significance'
A document kept under seal by the president of the Supreme Federal Court, Joaquim Barbosa, but now released by Minister Ricardo Lewandowski, "will allow the defendants to have knowledge of all the data gathered in the investigation – and which were excluded from the case files," states Paulo Moreira Leite; another point, according to the columnist for IstoÉ magazine, "is that folder 2474 formalizes facts and evidence that until now were seen in a scattered and informal way."
247 - The numbered document folder numbered 2474, kept under judicial secrecy until today by the president of the Supreme Federal Court, Joaquim Barbosa, has just been released by Minister Ricardo Lewandowski. For IstoÉ columnist Paulo Moreira Leite, the decision may have "historical relevance".
The file, the journalist affirms, "will allow the defendants to have access to all the data gathered in the investigation – which were excluded from the case files." Another point, according to him, "is that file 2474 formalizes facts and evidence that until now were seen in a scattered and informal way."
Read his article on the subject below:
FOLDER 2474 IN THE FUTURE OF AP 470
Lewandowski's decision could reveal important secrets of the trial.
By releasing the contents of folder 2474 to eight lawyers who had requested the right to consult a vast collection of documents related to criminal case 470, but which had always been kept secret, Minister Ricardo Lewandowski made a decision that could have historical significance.
File 2474 was kept secret by Joaquim Barbosa. It contains evidence, facts, and indications that were not incorporated into the records of the criminal case.
When he relinquished the role of rapporteur in the criminal case last August, the investigation was reassigned and given to Minister Luiz Roberto Barroso.
On the same day, Henrique Pizzolato's lawyer, Martius Savio Cavalcanti, scheduled a meeting with the minister. He resubmitted the request to access the file. Barroso promised a response within three days. His decision was to drop the case, citing "personal reasons," which do not oblige a judge to base his request on objective grounds.
The case was reassigned once again. It ended up in the hands of Ricardo Lewandowski, who decided to grant the lawyers' request. Those eight who previously had their request denied will now be able to learn its contents.
It's an important decision.
First, because it will allow the defendants and their lawyers to have access to all the data gathered in the investigation – data that was excluded from the case files without it being clear why.
Although the trial is already in its final stages – the defendants are in prison, some have already paid fines, and the appeals for review are still pending – everyone will only benefit when all the facts are presented.
It's absurd to think that this will happen AFTER the sentences, but that's what we're talking about.
The second point is that file 2474 formalizes facts and evidence that until now were seen in a scattered and informal way. Pizzolato's lawyer's interest in the matter is not accidental. The role of executive managers and directors of Banco do Brasil who shared decisions regarding Visanet – signing technical notes and defining payments – was never explained in criminal case 470. It may be well clarified in file 2474, which contains an inquiry about other directors.
Pizzolato was convicted as the "sole person responsible" for diverting R$ 73,8 million to Marcos Valério's scheme. But he wasn't even responsible for the payments, which were managed by another bank director, appointed, known and identified – and who has disappeared from the records of AP 470.
One of the defense's most cherished arguments, that if a crime occurred, it was not committed in isolation, may gain greater support from this.
Other points could also be clarified. Despite his immense efforts to get closer to the Marcos Valério-Delúbio Soares scheme, banker Daniel Dantas was not even mentioned in AP 470. This is curious, since his actions were described in detail by the investigation of Federal Police delegate Luiz Fernando Zampronha.
Advertising professionals Ramon Hollerbach and Cristiano Paz, from SMP&B, may also have access to information that could be useful.
What might happen with that? It's hard to know right now.
The collection of documents gathered in folder 2474 is immense. It comprises a total of 78 volumes, which will have to be studied and verified.
Experience teaches that keeping documents secret does not serve justice well, which demands transparency and loyalty from all. There cannot be the slightest suspicion of distortion or any irregularity in a case of this importance. This is not, of course, about accusing or denouncing prematurely.
The Dreyfus Affair, the most famous case of legal fraud in history, took five years to be solved, even though the trial lasted 72 hours.
The error in his conviction was established a year after the trial, when an intelligence officer decided to re-examine the evidence and discovered that there was nothing to incriminate the young French army captain. It was clear that the real spy everyone was looking for was someone else.
But that didn't help much. To avoid a review, new – fraudulent – evidence began to emerge to incriminate him, which delayed the process even further. Convicted in 1895, Dreyfus would be released, by presidential pardon, since the courts never declared his innocence, in September 1899. A year earlier, the officer who had forged documents to protect his superiors was exposed and committed suicide.