Brazil’s National Council of Justice (CNJ), the body responsible for administrative oversight of the country’s judiciary, is expected to begin reviewing disciplinary proceedings against four judges and appellate judges linked to Operation Car Wash (Lava Jato), the anti-corruption investigation that began in 2014.
The cases are on the CNJ’s agenda for Tuesday, August 4, according to single-source reporting by CNN Brasil. The proceedings concern alleged misconduct in cases handled by the judges during the investigation.
The Foundation Proposal
One case targets Gabriela Hardt, who served as a substitute judge for Sérgio Moro at the 13th Federal Court of Curitiba during part of Lava Jato. The main allegation involves a plan to divert approximately R$2.5 billion in Brazilian public funds to create a foundation intended to serve private interests.
Preliminary investigations reportedly found that the Curitiba court classified Petrobras as a “victim” of the crimes under investigation. That designation was allegedly used to justify transferring money obtained through leniency agreements and plea bargains to the proposed foundation, which would have been managed by members of the Lava Jato task force.
Hardt is primarily being investigated for approving an agreement known as an “assumption of commitments” deal. Investigative reports say she discussed its terms in advance with prosecutors from the task force, including Deltan Dallagnol, through WhatsApp messages before the request was formally filed in court.
The investigation also questions how quickly Hardt approved the agreement and the absence of the federal government. Specifically, the Department of Asset Recovery and International Legal Cooperation was not involved, although investigators identified it as representing the actual owner of the funds.
Brazil’s Supreme Federal Court (STF) blocked the agreement before it could be implemented. CNN Brasil said it had contacted Hardt and was awaiting a response.
Alleged Defiance of the STF
Another proceeding concerns appellate judges Carlos Eduardo Thompson Flores Lenz and Loraci Flores de Lima, along with Danilo Pereira Júnior, a federal judge. All three worked on Lava Jato cases at the Federal Regional Court for the 4th Region (TRF-4) or the 13th Federal Court in Curitiba.
They are accused of continuing to hear cases and issue rulings after the STF ordered those proceedings suspended. Investigators also allege that they relied on evidence the STF had already declared invalid.
The proceedings are confidential and were listed as the sixth and seventh items on the CNJ’s agenda. CNN Brasil said it was also seeking responses from the magistrates.
Before considering the cases, the CNJ is expected to discuss a proposed national policy to prevent and manage conflicts of interest within the judiciary. The council may also resume debate on changes to its internal rules after the STF ended mandatory retirement as the maximum disciplinary penalty for judges.