As opposed to what has been disclosed by some media vehicles, the report presented today (05/16) by the Federal Police regarding Criminal Case no. 5021365-32.2017.4.04.7000/PR did not show any connection between a spreadsheet presented by a former Odebrecht executive and the countryside house in Atibaia (Santa Bárbara Property) former President Lula’s family frequented, which belongs to the Bittar family.
The expert report says: “Up to this issuing day, within the context of the Criminal Case, we couldn’t find in the examined material (Drousys System and MyWebDay System) any documents or entries referring to terms such as ATIBAIA, SÍTIO and SANTA BÁRBARA” (page 61).
On the other hand, the same expert report, with the clear purpose of hindering the recent decision rendered by the Federal Supreme Court, which dismissed any connection between the elements attached to this criminal case and the competent jurisdiction of the Federal Courts of Curitiba (Motion 6780/STF), made preposterous references to sums stemming from Petrobras contracts.
They seek, once again, to ignore the legal criteria regarding jurisdiction by merely making reference, without any concrete grounds, to sums stemming from Petrobras, exactly like in the complaint.
The prosecution referred to 7 specific contracts signed by Petrobras. Since the defense proved that no sum related to these contracts was ever given to former President Lula, now they seek to create a new “general fund” with resources from Petrobras based on mere rhetoric to counteract the evidence produced by the defense.
According to this perspective, the expert report sought to create an entirely new formula to choose jurisdiction according to what’s convenient for the involved agents; this violates the constitutional guarantee of the ‘natural judge’ (Federal Constitution, art. 5, LIII) and is, therefore, unacceptable.
The spreadsheet presented by the informer expressly refers to works conducted in SABESP’s Aquapolo project that is related to the São Paulo State Government – with no connection to Petrobras, much less to Lula. Oddly, the expert report did not contain this extremely relevant fact.
Lula has never solicited or received any undue advantage from Odebrecht or any other company.
CRISTIANO ZANIN MARTINS AND VALESKA TEIXEIRA MARTINS