Janot wants João Paulo Cunha's sentence upheld.

André Richter
Reporter from Agência Brasil

Brasilia – The Attorney General of the Republic, Rodrigo Janot, today (3) sent to the Supreme Federal Court (STF) an opinion in favor of the immediate arrest of Rogério Tolentino, former lawyer of Marcos Valério. The prosecutor also expressed his support for maintaining the sentence of federal deputy João Paulo Cunha (PT-SP), sentenced to nine years and four months in prison. They were convicted in Criminal Action 470, the mensalão trial.

Tolentino was sentenced to six years and two months in prison for active corruption and money laundering. According to Janot, Tolentino's sentence must be carried out because there are no appeals against the conviction, and he is not entitled to an appeal for review because he did not obtain four votes for acquittal.

Janot also opposed the appeal filed by federal deputy João Paulo Cunha in the money laundering accusation, for having received R$ 50 from advertising executive Marcos Valério. Cunha will not be immediately imprisoned because he still has the right to further appeals, which will be judged next year. "It is for this reason that the rapporteur of the criminal case [Joaquim Barbosa] emphasized that, even if João Paulo Cunha himself had personally gone to the Banco Rural branch to withdraw the money, he would have committed money laundering," said Janot.

Regarding the loss of mandate due to the conviction, Janot argues that Cunha's removal should be immediate, after the end of the process, as per the decision of the full Supreme Court. "The automatic loss of the parliamentary mandate is a mandatory and inseparable effect of a criminal conviction and cannot depend on a decision by the respective legislative chamber," said the prosecutor.