Brazil’s Supreme Court made a provisional decision by suspending the 8.5 billion reais (approximately $1.7 billion) fine imposed on the construction company Odebrecht due to its involvement in corruption cases.

Judge José Antonio Dias Toffoli questioned the circumstances that led Odebrecht, a key player in the Lava Jato operation, to accept a collaboration agreement with the Prosecutor’s Office that entailed the payment of this large fine.

In his ruling, the judge stated that there was at least a “reasonable doubt as to the requirement of voluntariness” on the part of the company when signing the agreement that resulted in the imposition of the penalty. In addition, he pointed out that Odebrecht must have the “conditions to evaluate whether illegalities were committed.”

Dias Toffoli referred to the revelations that emerged in the context of Operation Spoofing, which exposed questionable exchanges of messages between then judge Sergio Moro and prosecutor Deltan Dallagnol related to the conduct of Operation Lava Jato.

The court document also mentions the possibility of “collusion” between the trial judge and the prosecuting body, with the aim of creating a “legal-procedural scenario” that favours the bodies involved rather than protecting the rights of the defence.

This decision follows an application by the company, which changed its name to Novonor following the outbreak of the scandal. Novonor seeks to analyze the documents related to the Spoofing operation in order to be able to “re-evaluate” the previously established agreements.

As a result of this scandal and the loss of contracts, the company was forced to start a legal restructuring process in 2019, due to a debt estimated at R$80 billion.

K. Tovar

Source: Bancaynegocios

(Reference image: @NewsLiberdade. X)

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From the Political-Administrative Chamber of the Supreme Court of Justice (TSJ) of Venezuela, a fine was imposed on the Brazilian company Odebrecht for 38 million dollars in favor of the Caracas Metro.

SPA Ruling No. 930 10/19/23 establishes the reimbursement of the amounts that were delivered as an advance. This was reported by the local newspaper Últimas Noticias this weekend, adding that the company must also pay “a sum in bolivars for failing to comply with a contract that involved the construction of 2,400 homes, according to ruling No. 00942 written by Judge Bárbara César. “Siero.”

According to the newspaper, “the construction company must reimburse the Metro the sum of $38,303,068.84 and Bs. 418,036,988.34. While Seguros Caroní, who became a guarantor for Odebrecht, must also pay the Metro $63,653,068.84 and Bs 699,586,988.34″, in compliance with the ruling of the TSJ, which clearly specifies that the payments are “for concept of reimbursement of advances delivered.”

The judicial entity ordered the application of an indexation (update) on the sums expressed in the country’s local currency, estimated in the period 2016-2017. The expertise will be carried out by the Central Bank of Venezuela (BCV) with the objective of establishing default interest and said indexation.

Sentencia SPA N°. 930 19/10/23. Condenada Constructora #Odebrecht por Incumplimiento de Contrato con @metro_caracas al no construir 2400 viviendas en el Estado Miranda. Deberá reintegrar los montos de anticipo solidariamente con la fiadora Seguros Caroní. https://t.co/SJRVwUqPzr pic.twitter.com/6AbnuexG6s

— BÁRBARA GABRIELA CÉSAR SIERO ⚖️🇻🇪 (@BarbaraCesarS) October 20, 2023

M.Pino

Source: contrapunto

(Reference image source: Twitter, Europa Press / dpa)

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