Toffoli changes vote and supports the release of Renato Duque.

247 - Brazilian Supreme Court Justice Dias Toffoli has reversed his position and now votes in favor of releasing former Petrobras director Renato Duque, convicted in Operation Lava Jato. This decision follows Justice Gilmar Mendes' vote, which declared all actions taken by Senator and former judge Sergio Moro (União Brasil-PR) and the prosecutors of the Curitiba task force null and void. This information comes from the newspaper... The Globe. 

The trial is taking place in the virtual plenary session of the Second Panel of the Supreme Federal Court (STF) and will continue until November 10th. The other justices have not yet registered their votes. Duque, imprisoned since August 2024, is serving a sentence in a closed regime for the crimes of passive corruption and money laundering, totaling more than 39 years in prison.

Gilmar Mendes speaks of collusion between Moro and prosecutors.

In his vote, Gilmar Mendes stated that the defense presented "numerous elements indicating the existence of a spurious relationship and an accusatory collusion between then-judge Sérgio Moro and members of the Federal Public Prosecutor's Office in the State of Paraná, with regard to the proceedings and criminal actions initiated."

The minister further emphasized that "it should not be ignored that this entire context of abuses and procedural frauds, demonstrated from a dual perspective, both broadly and specifically, in relation to RSD's situation, also points to the fulfillment of another requirement established by the jurisprudence of this Court, namely, the selection of the appellant as a political target by the Lava Jato task force in Curitiba and the 13th Federal Court."

Change of vote reinforces review of Lava Jato in the Supreme Court.

Following Gilmar's statement, Toffoli decided to reconsider his understanding. Last September, the minister had denied Duque's defense request, but declared that he had "adjusted his vote" to recognize the nullity of the decisions made within the scope of the operation.

“I am adjusting my vote to acknowledge the extension of the effects of the decisions issued based on Rcl No. 43.007/DF, so as to declare null and void all acts performed by former judge Sérgio Moro and members of the MPF/PR against RSD within the scope of Operation Lava Jato, whether in the pre-trial phase or during the course of the criminal proceedings that took place within the 13th Federal Court of Curitiba. Consequently, I order the immediate revocation of the arrest warrant issued by the 12th Federal Court of Curitiba,” wrote Toffoli.

Brazil's Supreme Court expands review of Lava Jato convictions.

Dias Toffoli's decision adds to a series of recent votes that reinforce the Supreme Federal Court's review of Lava Jato convictions. The court has recognized, in various rulings, procedural irregularities and violations of fundamental rights committed during the investigations conducted by the Curitiba task force.