Post by account_disabled on Mar 11, 2024 3:49:08 GMT
The evidence used by the Federal Public Ministry of Santa Catarina against businessman Antonio Iafelice, founder and former global president of Agrenco, was obtained illegally, which disqualifies the accusations of fraud made in the complaint presented to the Court. This was what the Federal Regional Court of the th Region understood, this Tuesday (/), when judging an appeal by the MPF against a decision in the same sense given in the first instance.
The decision, which can still be appealed, overturns the complaint against Iafelice and other people for conspiracy, false documents, financial crimes, active corruption, influence peddling, embezzlement, money laundering and bidding fraud, practices investigated in the Operation Influenza by the Federal Police, in search and seizure warrants were executed in Santa Catarina and São Paulo, in addition to arrest warrants, with six preventive arrests and temporary arrests.
Iafelice was one of those arrested, defended by lawyers Austria Phone Numbers List Jacinto Nelson de Miranda Coutinho and Edward Rocha de Carvalho, from the firm JN Miranda Coutinho & Advogados. Agrenco is an integrated services company that operates in the agribusiness and biofuel sectors worldwide.
According to the Federal Court, the wiretaps carried out during the investigation could not be used in the process because they were authorized by a state judge on duty, who was incompetent for the role. The investigation was carried out in the state court of Santa Catarina, in the District of Itajaí, between August and November , , and led to the launch of the PF operation.
For judge Ana Cristina Krämer, from the Federal Criminal Court of Florianópolis, due legal process was violated because there was no protocol and distribution of interception requests to the district's criminal courts. “This is not a formal defect, but a true affront to the constitutional guarantee of the natural judge, a corollary of the judge's bias and fundamental to the Democratic Rule of Law”, she stated.
In the ruling, the judge explained that the first wiretap request could have been decided without prior distribution. The others, relating to requests for extensions and new breaches of confidentiality, could not have remained in the hands of the state judge on duty, without distribution by lottery.
“The complaint was rejected because the evidence produced is the sole and exclusive result of evidence declared null”, say the lawyers. The argument is that of the “fruits of the contaminated tree”. The first decision that authorized the staples represents the tree. The fruits are its consequences in the process. The MPF, in turn, stated that the extensions of the wiretaps were authorized correctly and, therefore, they produced independent evidence.
The decision, which can still be appealed, overturns the complaint against Iafelice and other people for conspiracy, false documents, financial crimes, active corruption, influence peddling, embezzlement, money laundering and bidding fraud, practices investigated in the Operation Influenza by the Federal Police, in search and seizure warrants were executed in Santa Catarina and São Paulo, in addition to arrest warrants, with six preventive arrests and temporary arrests.
Iafelice was one of those arrested, defended by lawyers Austria Phone Numbers List Jacinto Nelson de Miranda Coutinho and Edward Rocha de Carvalho, from the firm JN Miranda Coutinho & Advogados. Agrenco is an integrated services company that operates in the agribusiness and biofuel sectors worldwide.
According to the Federal Court, the wiretaps carried out during the investigation could not be used in the process because they were authorized by a state judge on duty, who was incompetent for the role. The investigation was carried out in the state court of Santa Catarina, in the District of Itajaí, between August and November , , and led to the launch of the PF operation.
For judge Ana Cristina Krämer, from the Federal Criminal Court of Florianópolis, due legal process was violated because there was no protocol and distribution of interception requests to the district's criminal courts. “This is not a formal defect, but a true affront to the constitutional guarantee of the natural judge, a corollary of the judge's bias and fundamental to the Democratic Rule of Law”, she stated.
In the ruling, the judge explained that the first wiretap request could have been decided without prior distribution. The others, relating to requests for extensions and new breaches of confidentiality, could not have remained in the hands of the state judge on duty, without distribution by lottery.
“The complaint was rejected because the evidence produced is the sole and exclusive result of evidence declared null”, say the lawyers. The argument is that of the “fruits of the contaminated tree”. The first decision that authorized the staples represents the tree. The fruits are its consequences in the process. The MPF, in turn, stated that the extensions of the wiretaps were authorized correctly and, therefore, they produced independent evidence.
