Lawyer Rodrigo Tacla Duran returned to the spotlight this week, after giving testimony to the new Lava Jato judge, Eduardo Fernando Appio, on Monday (27). Accused of corruption while former judge Sergio Moro and former prosecutor Deltan Dallagnol were active in the operation, Duran told Appio that he was blackmailed in exchange for benefits.
Appio decided to send Duran’s case and the evidence he says he has on the subject to the Federal Supreme Court (STF), one of the courts capable of judging people with privileged jurisdiction, such as Moro, who is currently a senator, and Dallagnol, who is a deputy. federal, they are entitled.
Appio also determined that Tacla Duran be included in the federal witness program “because of the great political and economic power of those involved.”
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Understand the case:
Suspect arrested in 2016
Rodrigo Tacla Duran was arrested in Madrid, Spain, in November 2016 by order of the then federal judge Sergio Moro and after the request of prosecutors led by Deltan Dallagnol. Duran was suspected of being an operator of the payment system for bribes paid by Odebrecht to politicians.
He was released three months later.
accused turns accusing
Since leaving prison abroad, Duran has been making accusations of corruption against Lava Jato. In 2017, he informed the Folha de S.Paulo who exchanged messages with lawyer Carlos Zucolotto Junior, a friend and best man at Moro’s wedding, in exchange for advantages from the former judge. In 2019, he told the UOL having paid lawyer Marlus Arns, an exponent of Lava Jato, so that he would not be arrested in the operation.
The lawyers have always denied wrongdoing.
Accusations ignored
While Moro and Dallagnol were in charge of Lava Jato, Tacla Duran’s complaints against the operation were ignored. The former judge and former prosecutor always treated Duran as a criminal trying to disqualify Lava Jato’s work. Duran remained in Spain as she had lawsuits in Brazil which could lead to her imprisonment.
New judge, new understanding
Moro and Dallagnol left Lava Jato to enter politics. Some time later, Appio took over the 13th Criminal Court of Curitiba, where the operation’s processes are judged. Appio received Duran’s request that he be heard. He complied. The lawyer and Lava Jato defendant made accusations against Moro and Dallagnol at a conference, speaking from Spain.
Privileged forum takes case to the STF
Appio did not want to hear Duran’s accusations against Moro and Dallagnol. He is a judge of first instance. Moro and Dallagnol are entitled to privileged jurisdiction. Therefore, the case needs to be investigated under the supervision of the STF.
What did Duran say?
Duran repeated being extorted and mentioned Moro and Deltan. He said he had received threats from Lava Jato whistleblowers. He implied they were made at Dallagnol’s request. He also stated that Fábio Aguayo, a businessman from Curitiba and a supporter of Moro, offered services while Duran was being prosecuted in Curitiba, in what the lawyer understood to be an insinuation to obtain bribes.
O Brazil in fact Aguayo could not be found to comment on the case.
Assessment needs to be done
Lawyer and professor Pedro Serrano said that Duran’s accusations are serious and need to be investigated. He stressed, however, that there is no concrete evidence that Moro knew or determined that Duran was extorted.
“Duran makes a serious accusation, which has to be investigated. Whether this is true will depend on what is found out, ”she explained. “Even if it came from a lawyer, it has to prove that Moro or his wife were involved in this. It’s not easy.”
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Lava Jato in reverse?
For other lawyers heard by the Brazil in fact, Duran and the new Lava Jato judge appear to use “Car Wash tactics” against the operation. Those who accompanied Lava Jato recalled that it became known for releasing testimonies in which whistleblowers denounced politicians, even without conclusive evidence about the fact. So far, Duran’s evidence against Moro and Dallagnol is not known. His testimony has already been made public by decision of Judge Appio and against the request of the Federal Public Ministry (MPF).
What are the possible consequences?
Moro and Dallagnol are accused by Duran of committing a crime. They can be punished if this is proven. Lava Jato processes may also be annulled, as any criminal activity by the former judge and former prosecutor could have an impact on the processing of actions.
“The testimony can lead to nullity of processes and eventually opening of inquiries against Moro, Deltan and two other lawyers from Curitiba mentioned”, said Matteus Macedo, lawyer of defendants sued by Lava Jato.
What Moro and Dallagnol say
Both continue to disqualify Duran, his accusations and even Appio.
Moro declared that he is not afraid of investigations and that he “regrets the political use of slander made by a confessed criminal who lacks credibility”.
Deltan Dallagnol spoke about the case on his social networks:
Guess who believed one of the accused who + tried to deceive authorities in Lava Jato? He himself, the Lulist judge and media player Eduardo Appio (+ known as LUL22), who doesn’t even disguise the attempt to retaliate against those who, unlike him, fought against corruption. Follow the thread +
— Deltan Dallagnol (@deltanmd) March 28, 2023
Editing: Rodrigo Durão Coelho