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Petrobras asks for secrecy about documents involving Lava Jato's NGOs
Petrobras also informed the Supreme Court that the company's shareholders and fiscal council did not participate in discussions with the MPF
GGN Newspaper - Petrobras sent a communication to the Federal Supreme Court this week demanding a court of secrecy regarding documents and details that involve the agreement made with the Curitiba group, which would give life to a private fund with R $ 2.5 billion in fines applied against the state company in the United States. The information is from the Conjur of this farm (11).
According to the portal, in the same petition to the STF, Petrobras informed that shareholders of the company and its fiscal council were not informed and neither did they participate in the negotiations with the Federal Public Ministry for the creation of the fund. "The company informs that only its executive board and the 'minority and statutory audit committees' participated in the decision."
The agreement that would put at least half of the R $ 2.5 billion under the influence of the prosecutors of Curitiba became a Supreme Court case. The Court must decide whether the MPF in Curitiba was competent to decide the fate of the money.
The creation of the fund to deliver money from Petrobras to the prosecutors of the "jet lava" was not informed to the shareholders of the company nor to its fiscal council. In a petition sent to the Federal Supreme Court on Wednesday (10/4), the company informs that only its executive board and the "minority committees and statutory audit committees" participated in the decision. In the end, the decision was taken by Petrobras' board of directors, according to the document.
The clarifications were sent to the Minister Alexandre de Moraes, rapporteur of an ADPF who requests the suspension of the fund - which has already been served by means of an injunction. For the minister, there is no legal provision for the creation of a "fund" to receive the money paid by the company in an agreement with the United States government.
The fund was created through an agreement between Petrobras and the Republic Attorneys who play the "jet lava". The idea was that the part destined to Brazil for an agreement between the company and the US Department of Justice (DoJ) would remain in this fund, to be managed by the prosecutors. The fund would receive half of the $ 2.5 billion pledged by the DoJ to Brazil - the other half would be with the shareholders who filed arbitration proceedings against the company in Brazil.
The petition was sent to Minister Alexandre on Wednesday, in fact, to request that the documents he required to be filed be kept secret. Among the documents is the "Internal Document Petrobras (DIP) Legal", with details on the negotiation and the decision to create the fund.
The prosecutors of the "jet lava" have defended, including in the Supreme Court, that sending the money to this fund meets the demands of the DoJ. According to a petition to Minister Alexandre de Moraes, the DoJ stipulated in the agreement that if the money was not under the care of the Federal Public Prosecutor's Office, it would be deposited in a US Treasury account.
In fact, what the agreement says is that 80% of the money paid by Petrobras should be with "the Brazilian authorities." And in the decree that validated the legal cooperation agreement between Brazil and the US, the Brazilian authority for the relationship between the two countries is the Ministry of Justice, representative of the Executive Branch.
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