CAR WASH CASE

O CASO LAVA JATO

L’AFFAIRE KARCHER
EL CASO LAVADO DE AUTOS

IACA
MACS 2014, Module VII
Corruption Prevention and Progress
Brasília, 4. APRIL. 2016
Vladimir Aras
Federal Prosecutor in Brasilia, Master Degree in Public Law, Professor of Criminal
Procedure Law at the Federal University of Bahia, Head of the International Cooperation
Unit of the Brazilian Prosecutor General’s Office. Email: vladimiraras@mpf.mp.br
 BRAZIL: GENERAL INFORMATION
• Location: South America
• Area: 8,515,767 km² (5th)
• Capital: Brasilia (since 1960)
• Republic: November 15, 1889
• Official Language: Portuguese
• Population: 201 million (2013)
• Largest cities: São Paulo (11,821 million), Rio de Janeiro (6,429
million), Salvador de Bahia (3 million)
• Currency: Brazilian Real (R$ or BRL)

JUDICIAL SYSTEM
JUDICIARY BRANCH PROSECUTION SERVICES
SUPREME COURT PROSECUTOR GENERAL
SUPERIOR COURT OF ASSISTANT ATTORNEY
JUSTICE (CASSATION) GENERAL
FEDERAL AND STATE FEDERAL AND STATE
COURTS OF APPEALS (APPELLATE) PROSECUTORS
FEDERAL AND STATE FEDERAL AND STATE
COURTS PROSECUTORS
CAR WASH CASE
TWO COORDINATED TASK
FORCES OPERATE IN CURITIBA
AND BRASÍLIA

TWO OTHER SPECIAL GROUPS

OPERATE IN SÃO PAULO AND RIO
DE JANEIRO
 INVESTIGATION METHOD: CAR WASH OPERATION
TASK FORCES AND SPECIAL GROUPS
A team comprised of 11 Prosecutors in Curitiba (first degree of jurisdiction)
A team comprised of 15 Prosecutors in Brasilia (Supreme Court)
A team comprised of 7 Prosecutors in Rio de Janeiro (first degree of jurisdiction)
A team comprised of 4 Prosecutors in São Paulo (first degree of jurisdiction)
A team comprised of Circuit Prosecutors before the Federal Appellate Court (Porto Alegre)
A team comprised of Associate Federal Prosecutors before the Superior Court of Justice (Brasilia)
 CAR WASH CASE CRIMES
CRIMES:
 LARGE-SCALE CORRUPTION CRIMES
 BRIBERY OF FOREIGN GOVERNMENT OFFICIALS
 FINANCIAL CRIMES
 BID RIGGINGS AND CARTEL FORMATION
 MONEY LAUNDERING
 ENGAGING IN A CRIMINAL ORGANIZATION AND RACKETEERING

ACCUSED PERSONS:
 Businesspersons
 Financial brokers
 Pressure group members (lobbyists)
 Civil servants and government officials
 Officials in the Executive and Legislative branches
 Frontpersons
 STRATEGY OF THE FPS IN THE CAR WASH CASE

COORDINATED USE OF COOPERATING INTERNATIONAL

PROSECUTION OF DEFENDANS AND LENIENCY COOPERATION
CRIMINAL AGREEMENTS TOOLS
AND CIVIL CASES

Criminal Code Law 12,850/2013 (Organized Crime Act) UNTOC

AML Law (# 9,613/1998) Law 12,846/2013 (Antibribery) UNCAC
ACE Law (# 8,429/1992) Law 12,529/2011 (Competition) MLATs
Etc

Prison, fines, removal from office, NPA and DPA Mostly for getting
forfeiture Leniency programs evidence securing
assets abroad
 ACCOUNTABILITY – RESPONSIBILITY - LIABILITY
(STRATEGY OF THE FPS IN THE CAR WASH CASE)

CRIMINAL CIVIL ADMINISTRATIVE POLITICAL

Prosecutors, Police Prosecutors, state Comptroller General National Congress

and Courts attorneys and Courts and Court of Audit (Investigation Panel)

Prison and fines Fines Fines No prisons nor fines

Removal from office Removal from office Other penalties Impeachment

Forfeiture Civil forfeiture No forfeiture No forfeiture

Criminal Code ACE Law (8,429/1992) Law 12,846/2013 Law 1,079/1950

AFFIRMATIVE CIVIL ENFORCEMENT (ACE)

“LEI DE IMPROBIDADE ADMINISTRATIVA” (LIA)
 ORGANIZED CRIME LAW
(Law 12,850/2013)

UNDERCOVER OPERATIONS (AGENTS)

CONTROLLED DELIVERY

INTERCEPTION OF COMMUNICATIONS

ACCESS TO COMPUTER DEVICES

COOPERATING WITNESS/DEFENDANT

TASK FORCES

WITNESS PROTECTION
(Law 9,807/1999)
 USE OF COOPERATING DEFENDANTS
FOR ASSET RECOVERY IN THE CAR WASH CASE

 49 COOPERATION AGREEMENTS
• sealed before the 13th Criminal Court of Curitiba
• sealed before the Supreme Court in Brasilia
• sealed before the 3rd Criminal Court of Rio de Janeiro
 MLA REQUESTS FOR ASSET RECOVERY

USD
USD185.00
185.00million
million
EUR
EUR162..00
162..00million
million
(As of March 2016)

Legal basis for recovery

• Final judicial decision (conviction)
• Cooperation agreements
SWISS-BRAZILIAN
SWISS-BRAZILIAN
COOPERATION
COOPERATION

USD
USD800
800
million
million

FROZEN ASSETS
RESTITUTIONS TO PETROBRAS IN 2015

USD 63.3 MILLION

13 Incoming MLA requests
from 11 countries
 DEVELOPMENT OF THE FEDERAL
PROSECUTION SERVICE'S INTERNAL
STRUCTURES

• THE BRAZILIAN CHAMBER AGAINST CORRUPTION WAS CREATED

• PROSECUTION OFFICES SPECIALIZED IN THE FIGHT AGAINST CORRUPTION (FOR CRIMINAL

AND NON-CRIMINAL MATTERS) HAVE BEEN CREATED

• PGR INTELLIGENCE OFFICE WAS CREATED

• PGR INTERNATIONAL COOPERATION UNIT WAS CREATED

• PARTICIPATION IN INTERNATIONAL EVENTS WHERE THE FIGHT AGAINST CORRUPTION IS

DEBATED

• PROSECUTORS TAKE PART IN TRAINING COURSES REGARDING THE MATTER FROM TIME TO

TIME
 RESPECT TO THE DUE PROCESS OF LAW
REGARDING THE FIGHT AGAINST CORRUPTION
AND THE ORGANIZED CRIME:
- THE ACCUSED PERSONS ARE TRIED IN ACCORDANCE WITH THE DUE PROCESS OF LAW

- GOOD GOVERNANCE PRINCIPLES AND TRANSPARENCY ARE ABIDED BY

- ACCESS TO INFORMATION RIGHTS (FOIA) ARE DULY ABIDED BY

- FREEDOM TO THE PRESS AND FREE SPEECH

- JUDGES AND PROSECUTORS ARE FREE AND INDEPENDENT IN THEIR PROFESSIONS

- THE FEDERAL PROSECUTION SERVICE IS AN AUTONOMOUS AGENCY

Goal 16 of the Sustainable Development Goals is dedicated to the promotion of peaceful and inclusive societies
for sustainable development, the provision of access to justice for all, and building effective, accountable
institutions at all levels.
[...]

16.3 promote the rule of law at the national and international levels, and ensure equal access to justice for all

16.4 by 2030 significantly reduce illicit financial and arms flows, strengthen recovery and return of stolen
assets, and combat all forms of organized crime

16.5 substantially reduce corruption and bribery in all their forms

16.6 develop effective, accountable and transparent institutions at all levels

[...]
16.10 ensure public access to information and protect fundamental freedoms, in accordance with national
legislation and international agreements

16.11 strengthen relevant national institutions, including through international cooperation, for building capacity
at all levels, in particular in developing countries, to prevent violence and combat terrorism and crime
 VLADIMIR ARAS
vladimiraras@mpf.mp.br
@VladimirAras

INTERNATIONAL COOPERATION UNIT (MPF)

 international.mpf.mp.br
 +55 61 3105-5820