Former Minister Jose Dirceu turned to the Federal Police in Curitiba on Friday night (17) to serve eight years and 10 months for his second conviction in Operation Lava Jato.
He arrived in PF supervision around 21:30. On Thursday afternoon (16) federal judge Luis Antonio Bonat ordered the arrest of the former minister and ruled that he would surrender until 16:00 on Friday.
However, he does not comply with the prescribed time limit. The defense claims that Dirceu has not complied with the scheduled timetable because he was traveling by car from Brazil (where he lives) to Curitiba. As he expressed his wish to present himself to the PF, he is not considered a fugitive after 16 hours.
The arrest was set after the Fourth Regional Federal District Court (TRF-4) unanimously rejected a defense appeal calling for a prescription period for passive corruption and money laundering crimes.
Even when the arrest is ordered, the defense of the former minister may still appeal to the Federal High Court (STF) and the High Court (STJ). Lawyers can also try in the last instance, called "foreclosure," in the TRF-4 itself.
José Dirce sentenced in two cases to Operation Lava Jato – Photo: Photo: Dida Sampaio / Contents
At the end of the afternoon, with the deadline set by the judge, the defense lodged a petition in the trial and announced that Jose Dirceu was on his way to Curitiba. In the paper, lawyers said they would present themselves later this Friday.
However, he explains that from the distance between Brazil and Curitiba and from the bad weather, the convicted person who left the car at dawn in the Federal capital will not be able to arrive by 4. The defense did not notify the likely time of arrival but has committed to provide more information as soon as there is a more specific forecast, "the judge said in a statement.
At the request, Bonat said he would have to accept the request for a new deadline for the transfer of Dirceu. According to the judge, the decision depends on the judge in the criminal proceedings.
"Details of the prisoner's delivery, including the delay for him, should be requested by the court, which is why I cease to consider the case of the defense," he said.
Dirceu was convicted of corruption and money laundering in 2017 in a case investigating bribery in a contract with Apollo Tubulars for delivery of Petrobras pipes between 2009 and 2012.
The former minister was jailed in Curitiba between August 2015 and May 2017, in line with his first conviction in Lavato Jato.
STF has provided him with habeas corpus and the right to await the assessment of the resources of this process with electronic ankle monitoring.
In 2018, after appeals were tried, Dirce returned to prison. He was re-released in June 2018 following a decision by the Second Supreme Court (STF) meeting, which considered he had to wait until appeals were dealt with by the STJ of Freedom.
In the former case, the former minister was convicted of active corruption, money laundering and criminal organization.
Progress on the second indictment
- The sanction imposed at first instance in Parana is 11 years and 3 months;
- In the appeal, the 8th TRF-4 class decided by majority to reduce the time to 8 years and 10 months;
- One of the judges, Viktor Dos Santos Laus, gave a shorter term of detention and the defense filed a complaint for violations in the 4th section of the court;
- The first process in the fourth section rejects the request to reduce the penalty;
- The former minister also attempted to cancel or reform the verdict by appealing to the 8th line, which was denied.