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A 1996 Supreme Court decision could be used as a basis to nullify a series of Lava Jato corruption investigations.
Tomorrow, the plenary will decide whether the payment of bribes through undeclared campaign donations (the famous caixa 2) should be investigated by the Electoral Court.
A definitive decision in this regard could bury the investigations, due to the lack of structure in this branch to obtain evidence of complex and related crimes, such as money laundering.
In 1996, a plenary decision, reported by retired minister Sydney Sanches, not only defined the Electoral Court as the competent branch to judge crimes related to slush funds, but also annulled all acts of the common courts that had been carried out in the process after the Public Prosecutor's Office's complaint.
This precedent was already used by Ricardo Lewandowski to send to the Electoral Court of São Paulo, last year, excerpts of a plea bargain by Odebrecht regarding the transfer of R$14 million to Antonio Palocci and R$2.5 million to Paulo Skaf, before the 2010 elections.