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LatinNews Daily - 08 May 2018

Brazilian judge extends ports bribery probe

Development: On 7 May, supreme court (STF) judge Luís Roberto Barroso extended an investigation into whether Brazil's President Michel Temer approved a ports decree in exchange for bribes.

Significance: Barroso granted a request from the federal police to extend the investigation into Temer for another two months (60 days). The STF agreed to hear the case in September 2017 based on plea bargaining testimonies from J&F businessmen. They claimed Temer published a decree benefitting companies operating in Brazil’s biggest port, Santos (São Paulo state), in exchange for bribes. The president has repeatedly denied the allegations.

  • At the end of March, several of Temer’s friends were temporarily detained as part of the ports probe, code-named ‘Operation Skala’. These included his former aide José Yunes and colonel José Lima, on suspicion of helping to collect bribe money on behalf of the president. The head of local firm Rodrimar, Antônio Celso Greco, was also taken into custody.
  • This is the second time the investigation into the ports decree has been extended. Justice Barroso said he needed more time to look through Temer’s bank statements and determine whether there were any irregularities.
  • Last week, Temer’s daughter Maristela, who allegedly used some of the bribe money for property development, gave evidence to police in São Paulo as part of ‘Operation Skala’. Father and daughter both deny any wrongdoing.
  • In addition to the ports decree, Temer is also under investigation by the STF for allegedly being part of an Movimento Democrático Brasileiro (MDB) group which solicited bribes from engineering firm Odebrecht in exchange for favours from the civil aviation secretariat between 2013-2015. During that time, the secretariat was led by Eliseu Padilha, who is now Temer’s chief of staff.

Looking Ahead: Currently, Temer is effectively protected from the corruption investigations through his presidential immunity, or 'foro privelegiado'. But he could be tried in normal courts as soon as he finishes his term in 2019. Asked if he was afraid of going to prison, Temer told radio broadcaster CBN he was not. “[Prison] would be undignified and I regret we are even talking about this,” he said.

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