Prosecutor calls for condemnation of 36 defendants in mensalão case

Brazil’s chief federal prosecutor (“procurador-geral da República”) Roberto Gurgel, presented his oral argument (“sustentação oral”) before the Supreme Court (“Tribunal Supremo Federal – STF”) in what is officially Penal Case 470, but known as mensalão (big monthly allowance or stipend) on Friday (August 3) saying that 36 out of the 38 originally accused should be found guilty as charged. Gurgel announced that Luiz Gushiken, the minister of Social Communication in the Luiz Inacio Lula da Silva adminstration in 2005 when the scandal became public, and Antonio Lamas, then an aide in the PL political party, now the PR political party, would not be charged for lack of evidence.

Gurgel declared: “The evidence produced is overwhelmingly sufficient to condemn the accused. Never has a case been so solidly, concretely and materially documented and proved.” In the heat of his presentation, Gurgel called for a decision that would serve as an example, “…a historical paradigm for the Brazilian justice system and all of society demonstrating that acts of corruption, a disgraceful and persistent stain on this country, will now be treated with the necessary rigor.”

The prosecutor said the seriousness of the proven crimes called for punishment proportional to the offices held by the defendants. “High level public authorities should serve as examples. Their acts have a pedagogical effect and this case should serve as a warning to those who deal with the public faith,” said the prosecutor.

In his presentation, which lasted five hours, Gurgel cited testimony and evidence to show how support for government policies was negotiated and members of Congress paid; how fraudulent loans were made at the Banco Rural; how congressmen used aides and fronts (”laranjas”) to launder the money (“para a circulação do dinheiro”); how money was sent abroad; how Banco do Brasil contracts were misappropriated.

Gurgel explained why the mensalão is probably the most complicated case the STF has ever dealt with by enumerating dozens and dozens of crimes that the 36 defendants committed. The record holders with the most charges are those in the so-called operational core (“nucleo operacional”) of the mensalão: adman/lawyer Marco Valério and his partners, Cristiano Paz and Ramon Hollerbach, who face no less than 143 charges each.

There are seven crimes that mensalão defendants are charged with: conspiracy, active and/or passive corruption, malfeasance, financial fraud (illegally sending funds out of the country), embezzlement and money laundering (“formação de quadrilha (um a três anos de prisão), corrupção ativa e passiva (dois a 12 anos cada), peculato (dois a 12 anos), evasão de divisas (dois a seis anos), gestão fraudulenta de instituição financeira (três a 12 anos) e lavagem de dinheiro (três a dez anos)”).

Yesterday, Monday, August 6, the defense lawyers for Marcos Valério (an adman accused of being the main operator of the scheme and link between the political and financial arms of the corruption ring),  José Dirceu (the former cabinet member who was the powerful presidential Chief of Staff), José Genoino (who was president of the PT) and Delúbio Soares (the PT treasurer) presented arguments.