STJ reestablishes the progress of the process on a R$ 10 billion fine by J&F

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The president of the Superior Court of Justice, Minister Maria Thereza de Assis Moura, restored the progress of the process on a fine of R$ 10 billion promised by J&F in a leniency agreement.

The minister analyzed a request from the National Bank for Economic and Social Development (BNDES) to overrule the decision of the Federal Regional Court of the 1st Region (TRF1) that suspended the progress of the revisional action of the billionaire fine agreed in the leniency agreement between J&F Investimentos S/ A and the Federal Public Ministry (MPF).

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According to the lawsuit, in June 2017, J&F entered into a leniency agreement related to facts found in the Greenfield, Sépsis, Cui Bono (Lava Jato) and Carne Fraca Operations, by which it undertook to contribute to the investigations and pay a fine of BRL 10.3 billion, destined to several injured institutions, including BNDES, Caixa Econômica Federal (CEF), Fundação dos Economiários Federales (Funcef), Fundação Petrobras de Seguridade Social (Petros) and the Union. The BNDES would be responsible for R$ 1.75 billion.

The president of the STJ highlighted that leniency agreements should receive special attention and protection from the Justice System, in view of the positive results they have brought to the national legal order.

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“It must be considered, above all, that its bases are based on the voluntarism of legal entities that, involved in illegal acts, undertake to break with these behaviors, recognize their responsibilities, collaborate with the identification of others involved and seek to repair the damages caused,” he said.

According to the minister, the validity and force of the terms agreed in the leniency agreements must be protected, “avoiding prolonged and endless discussions of possible questionings in court after their conclusion”.

The minister pointed out that one of the legal consequences of the leniency agreement is full compensation for the damage caused, which, in the analyzed case, is represented by the fine imposed on the J&F group.

“It is, therefore, in view of the entire normative, doctrinal and practical framework that involves the leniency agreements that the examination of the effects of the decision that ordered the suspension of the course of the review action must be guided, it should be noted, for the simple fact that interested third parties discuss their legitimacy to intervene in the process,” he said.

“The suspension of the procedural course and, therefore, the full compliance with the terms of the leniency agreement offends public order, thus considering the respect for the national legal system and the established bases for seeking alternative and effective means for the settlement of disputes , especially when they involve illicit acts committed against the public administration”, said the president of the STJ.

questioned by CNN J&F said it will not manifest itself.

Source: CNN Brasil

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