Defense lawyers admit a lesser crime occurred in the mensalão case

The Brazilian Supreme Court (“STF”) is presently hearing a corruption case known as the mensalão (Penal Case 470) in which 36 defendants are charged with running a vote-buying ring.

The sessions in the STF for the mensalão follow a rigid sequence. First, a justice (“redator”) appointed by the court presents an oral summary of the case; then another justice (“revisor”) reviews the summary. After that the prosecution presents its case. With so many defendants, so many criminal charges (hundreds of counts, seven different crimes), the country’s chief federal prosecutor took five hours to present his case.

Then, the defense lawyers begin making their cases (each defendant’s defense lawyer’s arguments are limited to an hour).

The defense phase began on Monday, August 6, and, running about five hours a day, will end around August 15.

All this is done orally. Most being read from prepared notes.

Adman Marcos Valério, who is accused of being the main operator of the mensalão scheme that funneled money to members of Congress in return for their votes in favor of the government, was presented by his lawyer, Marcelo Leonardo, as someone who did operate with money that was off-the-books (“não contabilizado”). However, Leonardo claimed his client’s money was raised legally. Valério’s lawyer admitted his client did give money to members of Congress, but not to buy votes; the money was to pay off campaign debts. Valério’s lawyer then went on to refute all the charges made by the prosecution: conspiracy, malfeasance, money laundering, active and/or passive corruption and illegal remittance of funds out of the country (“formação de quadrilha, peculato, lavagem de dinheiro, corrupção ativa e evasão de divisas”).

The defense strategy, in the case of Valério, and the other defendants, is to admit that the PT committed an electoral crime (used off-the-books funds to pay campaign debts), because it is a lesser crime (compared to vote-buying) and the statute of limitations on electoral crimes committed during the first Lula administration has long passed.