Former Minister Jose Dirceu surrendered to the Federal Police (PF), in Curitiba, on Friday night (17) to serve a sentence of 8 years and 10 months for his second sentence in Operation Lava Jato.
He arrived at PF Superintendence at around 9:30 a.m. On Thursday afternoon (16), federal judge Luiz Antonio Bonat ordered the arrest of a former minister and determined that he surrender until 16:00 on Friday.
José Dirceu surrendered to the Federal Police in Curitiba
However, he does not comply with the time limit specified. The defendant alleged that Dirceu did not fulfill the scheduled schedule because he traveled by car from Brasilia (his residence) to Curitiba. When he expressed his willingness to introduce himself to the PF, he was not considered a fugitive after 4pm.
The arrest was determined after the Federal Territory Fourth Regional Court (TRF-4) unanimously rejected the appeal, which called for a law limiting the crime of passive corruption and money laundering.
Even with the arrests made, the defense of former ministers can still appeal to the Federal High Court (STF) and the High Court of Justice (STJ). Lawyers can also try the last attempt, called foreclosure, on TRF-4 itself.
José Dirceu was convicted in two cases of Operation Lava Jato – Photo: Photo: Dida Sampaio / Estadão Content
At the end of the afternoon, with the deadline set by the judge, the defense filed a petition in the process and reported that Jose Dirceu was on his way to Curitiba. In the document, lawyers indicated that he would attend this Friday.
"He clarified, that with the distance between Brasilia and Curitiba and by bad weather, the convicted person, who left the car at dawn in the Federal Capital, would not be able to arrive until 4. Defense did not inform the possible arrival time, but had committed to give more a lot of information as soon as it has a more concrete estimate, "the judge said in the delivery.
At the request, Bonat said that it was up to him to accept the request for a new deadline so that Dirceu would surrender. According to the judge, the decision is up to the judge from the criminal execution.
"The details for sending detainees, including the delay in time, must be asked to go to the court, which is why I stopped examining defense cases," he said.
Dirceu was convicted of corruption and money laundering in 2017 in a lawsuit investigating receiving bribes in a contract with the Apolo Tubulars company to supply pipes to Petrobras between 2009 and 2012.
The former minister was imprisoned in Curitiba between August 2015 and May 2017, according to the first sentence he received at Lava Jato.
STF gave him habeas corpus and the right to wait for an assessment of the resources of this process with electronic ankle monitoring.
In 2018, after the appeal was tried, Dirceu returned to prison. He was released again in June 2018 after the verdict by the Second Panel of the Federal Supreme Court (STF), which assumed that he had to wait until the appeal was tried by the High Court of Justice (STJ) in freedom.
In the first case, the former minister was convicted of active corruption, money laundering and criminal organizations.
Development of a second sentence case
- The penalties specified in the first example, in Paraná, are 11 years and 3 months;
- At the time of appeal, Class 8 TRF-4 decided, in a majority, to reduce the time to 8 years and 10 months;
- One of the judges, Victor dos Santos Laus, gave a shorter arrest time and the defense filed an appeal against the violation, in Section 4 of the court;
- The first court in Part 4 rejected the request to reduce the sentence;
- The former minister also tried to cancel or renew the sentence, with an appeal in the 8th Panel, which was rejected.