Odebrecht case: What does the suspension of the legal cooperation agreement with Brazil mean?

Federal State Ministry of Brazil suspended the legal cooperation agreement with Peru in connection with the Odebrecht case following a request Brazilian companywho reported that Peruvian authorities they broke the agreement.

brazilian body determined to “suspend for the time being legal cooperation” with Peru pending further clarification from Peruvian authorities given the “seriousness and veracity of the information” claimed by the company, according to a document from prosecution this country on 31 October.

Before decision Brazilian prosecutor’s office Doubts arise about the progress of the investigation into the Love Jato scandal for which they were convicted alleged money laundering offense former presidents Alexander Toledodead Allan Garcia D Peter Paul Kuczynskias well as Keiko FujimoriFuerza Popular leader who ran for President of Peru three times.

How does the decision of the Brazilian prosecutor affect the case?

In communication with RPP Newscriminal defense attorney Andy Carrion explained that suspending the agreement would mean that tests D reviewsLike those from Marcelo Odebrecht and Jorge Barataex-executives of a Brazilian company involved in the preliminary investigation phase cannot be “taken to court”.

specialist clarified that this does not mean that evidence and evidence automatically invalidated, but elements of persuasion must be approved by the court.

“If these claims are not confirmed in the course of the trial, the validity of earlier statements will be called into question, they will not have the same weight of evidence and will weaken the cases that are under consideration,” he explained.

For his part, Mario Amoretti, former dean of the Lima Bar Association (CAL), described the law’s position as “serious”. Brazilian prosecutor’s officetaking into account the fact that former directors of Odebrecht provided relevant information about their agreements with Peruvian politicians.

“The most important thing is that we knew the problems they were involved in. [personajes peruanos] According to information from Brazil, Peru was not. Thus, this determination of Brazil is doing a lot of damage to Peruvian justice,” Amoretti warned.

How is it that Peru violated the agreement?

According to the Brazilian prosecutor’s office, Peruvian authorities would violate the agreement by using tests D reviews former directors of Odebrecht to strengthen incriminating hypothesis against a Brazilian company, instead of using these elements exclusively against officials D Peruvian businessmen.

“It follows from the note that it would have been used [las pruebas] in some procedure, we don’t know which one. But the Peruvian side would not have fulfilled the points of the agreement,” he explained. Andy Carrion.

“They are [fiscales peruanos] should have taken the necessary precautions to prevent evidence that they [exdirectivos de Odebrecht] poured out by the Peruvian authorities are being used against them,” he added.

A) Yes, Carrion believed, like his colleague Mario Amorettiwhat Peruvian Prosecutor’s Office he was “left behind” for violating the agreement, according to the Brazilian side.

“We need to see who is responsible and whether the prosecutors acted with due diligence or not,” the experts agreed.

Should prosecutors travel to Brazil to investigate the case?

Former Dean of CAL, Mario Amorettifirmly stated that Peruvian prosecutorsinvestigating the Odebrecht case travel to Brazil to see how to fix the alleged violation of the agreement legal cooperation with the Brazilian authorities.

Amoretti So he spoke, recalling that the “codinomas” (nicknames) of officials and politicians involved in the corruption scandal are still unknown.

According to ad hoc prosecutor Silvana Carrión, there are 70 codynomes awaiting decryption, and international cooperation problems prevented the information from being obtained.

“[Los fiscales peruanos tienen que] see how investigations don’t fall apart. Just like they constantly traveled to Brazil, now they have to make a trip to clarify and try to prevent this, ”said Amoretti.

It is necessary to clarify that, according to sources RPP NewsThe Peruvian State Ministry became aware of the temporary suspension of the agreement and denied that the agreement effective cooperation was without effect.