Toffoli Opens Inquiry Against Moro and Lava Jato Prosecutors to Investigate Fraud in Using Tony Garcia as Undercover Agent
The PGR cites illegal use of plea bargain, and the Federal Police sees crimes of extortion, procedural fraud, coercion, criminal organization, and money laundering
247 - Supreme Federal Court (STF) Minister Dias Toffoli, responding to requests from the Federal Police (PF) and the Attorney General's Office (PGR), has ordered the opening of an inquiry in the Court against former judge Sergio Moro and prosecutors involved in a plea bargain agreement considered the "embryo" of Operation Lava Jato, reports Daniela Lima, from g1. Tony Garcia himself first revealed to TV 247 the details about the crimes committed by Moro.
The case was brought to the STF by Tony Garcia, former state deputy of Paraná and a prominent figure in local politics in the early 2000s. Garcia entered into a plea bargain agreement with Moro, then head of the 13th federal court, in which he agreed to act as a walking wiretap to obtain evidence against members of the Judiciary and the State Court of Accounts, among other authorities with privileged forum jurisdiction outside the Federal Justice's scope.
The details of the agreement, kept in absolute secrecy for almost two decades at the 13th court of Curitiba, came to the knowledge of the STF when judge Eduardo Appio, currently away from the court, accessed its content. Recordings reveal that Moro, at the time a judge, guided the informant throughout the process.
Moro denies any illegality, arguing that the plea bargain instrument at that time did not have the same legal framework currently in place. He also denies having obtained recordings of members of the Judiciary.
With the case sent to the Supreme Court, the PF and PGR were consulted. Tony Garcia was heard three times by the PF in videoconference hearings at the STF, passing on all the case files.
The PGR claims in a document that "it is inferred from the report that the collaboration agreement was used as an instrument of illegal constraint," while the PF points to indications that "the plea bargain was distorted in a way to function as an instrument of blackmail and evidentiary manipulation." The investigators emphasize the need to advance in the investigations to investigate possible crimes of extortion, procedural fraud, coercion, criminal organization, and money laundering. Both the PF and the PGR requested the nominal inclusion of Sergio Moro, his wife, Rosângela Moro, and prosecutors involved in Tony's agreement and Lava Jato as subjects of investigation.
Toffoli's decision, authorizing the opening of the inquiry and the inquiries requested by the PGR, was issued on December 19 and remains under seal.