Bradesco asks Moraes to reconsider decision on Americanas

This Friday, Bradesco filed a request for reconsideration to the Minister of the Supreme Court, Feder Alexandre de Moraes, regarding its decision to suspend the anticipated production of evidence that had been authorized by the Justice of São Paulo against Americanas.

Moraes accepted the request of Americanas’ lawyers that the production of evidence included access to the exchange of e-mails between the company’s lawyers and the company’s legal board, thus violating professional constitutional secrecy.

In the petition presented today, Bradesco contests this thesis.

“In order to uncover once and for all the vile opportunism that marks the claims of the claimants, it is necessary to begin this claim by clarifying that neither Bradesco, nor the other creditors that litigate with Americanas, nor anyone else has ever had any interest in accessing the e-mails. emails exchanged between the claimants and the executives of his client, either to gain access to the “procedural strategies”, to the “numerous emails exchanged by the lawyers [i.e., os reclamantes] and Grupo Americanas” (pgs. 01), or whatever.”, say Bradesco’s lawyers.

They also state that “Definitely none of this is of interest to Bradesco, and it is, in fact, very little relevant to know the “procedural suggestions eventually promoted by the attorneys/plaintiffs”, the “initial versions of drafts of appeals”, the “deliberations on procedural strategies that may have been conjectured”, as well as being completely indifferent, for him the “other numerous legal consultations, opinions and even personal impressions” (pgs. 04) exchanged between the lawyers who proposed this claim and the directors of Americanas”.

The bank also says that Americanas’ argument is “cynical”.

“Contrary to the cynical argument put forward by the complainants, no one asked for access to this information. And it wasn’t even that, say with the necessary emphasis, deferred by the MM. Judgment issuing the order that is now very unfairly submitted to this constitutional claim by Americanas.”

And he states that “Americanas may not have the courage to say it, but it is clear that what they really want is to use the fact that there are emails exchanged with their lawyers, in the messages seized by order of the MM. Judgment of the 2nd Business Court of the 1st RAJ of São Paulo, in order to create a petty smokescreen that somehow allows it to interrupt the investigations initiated at the request of Bradesco, within the company”.

And he adds: “Because that is all that the retailer, now in an almost bankrupt state, wants: to interrupt the ongoing investigations, to protect its administrators – and above all its wealthy controllers – from the inexorable fate that awaits them all, with the filing of numerous liability actions by all creditors who suffered from the accounting fraud that these agents practiced in the company.”