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Augusto Aras, Attorney General of the Republic, has a functional duty and a moral duty to investigate the hiring of former judge Sergio Moro by the North American company Alvarez & Marçal. Unless you want to be an accessory to immorality. And, of course, the issue of legality must be investigated in the course of the investigation. And I don’t even ask that Moro be measured by the ruler Lava Jato. To be guaranteed, for example, the right of defense. I get to the point. Before, some considerations.
When Luiz Fux, president of the Supreme Court, learned that A&M – the company that oversees the judicial recovery of the Odebrecht group – hired Moro as managing partner, he must have remembered his enthusiastic speech at the inauguration of the XIV National Meeting of the Judiciary, promoted by CNJ. The doctor then said, as if he owned the court:
“The Federal Supreme Court will not allow Operation Lava Jato to be deconstructed”.
He also took the opportunity to sing the glories of the former judge:
“Brazil successfully started Operation Lavo-Jato. There was a great Brazilian who captained this, that we cannot help but recognize, that was Judge Sergio Moro.”
Distraught, he compared corruption to the Jewish Holocaust.
Did it seem little? A&M provides services to OEA -also in judicial reorganization-, Queiroz Galvão and Sete Brasil, which has Petrobras as one of the partners. And it was in the oil company where it all started.
The reader may feel that they did not understand correctly. So, or I’ll write again: Moro is now managing partner of the company that dealt with the judicial recovery of the OAS, which turns out to be the contractor at the center of the process that led former President Lula to jail in a conviction without tests. Odebrecht and OAS are also at the root of another condemnation: that of the Atibaia site. The then judge acted in both cases. The second conviction has the signature of Judge Gabriela Hardt, who copied extracts from the first, written by Moro, even forgetting to change the word “apartment” for “place.”
It is a shame. Has no sense. Yes, Lava Jato, of whom Moro was, at the same time, chief and judge, contributed to bring these companies to the canvas. But there’s more than that. So he ratifies the plea agreements and, in practice, also Odebrecht’s indulgence agreement, he leaves the role of judge and, less than two years later, goes to work for the company that receives millionaire payments every month of … Odebrecht? And the same happens with the OAS?
Let’s be clear: yes, it is already amazing that Lava Jato has helped to break these companies. But gravity is not only there. The spelling and clemency agreements, once the crimes have been admitted, are benefits that the courts grant to natural and legal persons, respectively. Later, Moro becomes a managing partner of a company that is now the main service provider from which it benefited from the agreements.
In the embargoes declaring the process in which he sentenced Lula, he admitted that there was no link between the OAS contracts and the triplex, which never belonged to the former president, that is. He viewed the property as a kind of promise of undue profit, as the PT had appointed Petrobras directors who received bribes from the contractor.
So pay attention! A&M is sold as a company specializing in transparency and compliance. Do you intend to make public, in the name of your principles, the bases for hiring Moro? There is a burning question: did you receive, for example, “gloves” to hire? It is not just a private business. As the A&M statement acknowledges, the fact that he was a judge and a minister influenced the hiring.
I remember article 317 of the Penal Code, which deals with passive corruption:
“Request or receive, for himself or for others, directly or indirectly, even if he is out of office or before assuming it, but for that reason, improper use, or accepting the promise of said use: Penalty – Prison, 2 (two) a 12 (twelve) years, and a fine.“
If Moro received, for example, gloves – an initial amount for the simple hiring – we must ask: having the role that he had in the plea and clemency agreements and given that companies now only hire A&M for Lava Jato, ¿ Wouldn’t the former judge’s income represent an undue advantage, even if he were out of office?
Are you proud of the high morals and impeccable ethics of Lava Jato, Ministers Luiz Fux, Edson Fachin and Cármen Lúcia?
Well, we will only have answers to these questions with a severe investigation and with the breach of Moro’s banking secrecy within and outside the country. For much less, the then judge issued orders for preventive detention and search and seizure.
As Luiz Fux says, Lava Jato cannot be deconstructed.
