{"id":337,"date":"2016-07-12T16:52:36","date_gmt":"2016-07-12T19:52:36","guid":{"rendered":"http:\/\/tgmadv.com.br\/?p=337"},"modified":"2024-12-20T13:36:23","modified_gmt":"2024-12-20T16:36:23","slug":"lava-jato-realca-nova-geracao-de-advogados","status":"publish","type":"post","link":"https:\/\/tgmadv.com.br\/en\/lava-jato-realca-nova-geracao-de-advogados\/","title":{"rendered":"Operation Car Wash highlights a new generation of lawyers"},"content":{"rendered":"

Published on Valor Econ\u00f4mico<\/a><\/em><\/p>\n

Operation Car Wash has transformed the standards of criminal investigations in Brazil and brought a new generation of criminal defense attorneys into the spotlight, shifting attention away from the old guard, symbolized primarily by the names that dominated the “Mensal\u00e3o” trial. These younger attorneys, aged between 30 and 40, often disdain being called “doctor” and adopt more pragmatic defense strategies. One notable distinction is their more open stance toward plea bargaining, a mechanism generally disfavored by the older generation.<\/p>\n

The investigation into the Petrobras corruption scandal has led to an unprecedented wave of plea agreements in Brazilian justice. Since former Petrobras executive Paulo Roberto Costa initiated the process, over 60 agreements have been signed. This new reality has driven up-and-coming defense attorneys to mirror practices from other countries, particularly the United States, where plea bargaining has been a tradition for decades. Some of them are even pursuing specialized courses on the subject, albeit discreetly, to avoid embarrassing their clients. Others have formed study groups to analyze cases from institutions like the Administrative Council for Economic Defense (CADE), which has been handling leniency agreements since 2003.<\/p>\n

One of the most prominent recent events in Operation Car Wash was a plea agreement orchestrated by attorney Fernanda T\u00f3rtima, 39. She brokered the deal between S\u00e9rgio Machado, former president of Transpetro, and the Office of the Prosecutor General, shielding her client from imminent imprisonment with what are considered highly advantageous terms. Machado’s revelations resulted in the resignations of two ministers in interim President Michel Temer’s administration and implicated Senate President Renan Calheiros (PMDB-AL), former President Jos\u00e9 Sarney, and several other politicians.<\/p>\n

When discussing the matter, Fernanda reveals that opting for a plea deal is not always comfortable. “In principle, I’m against it. But at certain times, you simply have to fulfill your mandate [as defense counsel] and do what\u2019s best for the client,” she says. With a potential whistleblower, she follows a specific playbook. “The most important thing is not to compromise on the truth, not to omit, not to distort. If this isn\u2019t done, there\u2019s a grave risk of losing everything.” Fernanda is also one of the attorneys handling the high-profile Lava-Jato case involving former Speaker of the House Eduardo Cunha (PMDB-RJ).<\/p>\n

Cunha\u2019s defense also includes two other young attorneys, Pedro Ivo Velloso, 32, and Ticiano Figueiredo, 33. They joined the case after the departure of former Attorney General Antonio Fernando de Souza, 67. Pedro Ivo and Ticiano studied together at the University of Bras\u00edlia (UnB), pursued postgraduate studies in criminal law, and launched their own firm, Figueiredo e Velloso, in late 2014. Their Lava-Jato debut occurred early in the investigation but ended quickly when their clients decided to enter plea agreements.<\/p>\n

Pedro Ivo previously worked at the office of criminal lawyer Antonio Carlos de Almeida Castro, known as Kakay, 58, who represented money changer Alberto Youssef in Bras\u00edlia. When Youssef expressed interest in cooperating, Kakay withdrew from the case, and Pedro Ivo followed suit. \u201cFirst, because he [Youssef] was going to implicate, as he did, 50 of my clients,\u201d explains Kakay. \u201cSecond, because plea deals today often lack ethical principles. I see colleagues negotiating deals for individuals who implicate their own clients. That, I cannot condone. Yes, I\u2019m \u2018vintage.\u2019\u201d Kakay claims he is not opposed to plea agreements per se but criticizes what he calls “the excesses of Operation Car Wash.” He also argues that negotiating a plea deal is “much easier” than conducting a traditional defense. “It requires no intellectual effort; it\u2019s like delivering a pizza. I even saw a video where, while the client was testifying, the attorney was doing her nails. For me, making a deal is the most painful thing there is.”<\/p>\n

Ticiano\u2019s journey mirrors Pedro Ivo\u2019s. During the Mensal\u00e3o trial, he worked with renowned criminal lawyer Ant\u00f4nio Cl\u00e1udio Mariz de Oliveira, 70. Later, when Lava-Jato surfaced in 2014, Ticiano took on the defense of money changer Carlos Habib Chater. However, he withdrew from the case when his client opted for a plea deal, as he did not work with such arrangements at the time.<\/p>\n

Pedro Ivo and Ticiano praise their mentors, crediting them with much of their expertise in criminal defense. Yet, when discussing agreements with the Public Prosecutor\u2019s Office, they adopt a markedly different approach. “Plea bargaining is now part of the right to defense,” says Pedro Ivo. “And this changes everything. Those who don\u2019t embrace it are swimming against the tide of modern criminal law,” adds Ticiano.<\/p>\n

With eight clients involved in Lava-Jato, attorney Pierpaolo Cruz Bottini, 39, has established a study group at his firm, Bottini & Tamasauskas, to explore the American experience with plea bargaining and disciplines like negotiation analysis. “We\u2019ve consulted extensively with specialists in competition law and CADE practitioners, given their experience with leniency agreements,” he says. For Pierpaolo, traditional criminal defense, centered on procedural and substantive arguments, remains the primary focus. However, lawyers must now be prepared to consider various types of agreements with the prosecution and other oversight bodies. Pierpaolo negotiated the plea agreement for Dalton Avancini, former president of Camargo Corr\u00eaa.<\/p>\n

Rodrigo Mudrovitsch, 31, is another rising attorney with ten clients in Lava-Jato, including Workers\u2019 Party senators Gleisi Hoffmann (PR), Humberto Costa (PE), and Lindbergh Farias (RJ), as well as former minister Paulo Bernardo, Gleisi\u2019s husband. According to Rodrigo, new investigative techniques have necessitated changes in law firm structures. “We have consultants who analyze media, emails, and data. Whatever the Federal Police has, we must have too,” he says. Like his colleagues, Rodrigo sees no stigma in plea agreements. “If your client is factually cornered, you\u2019ll need to explore alternatives. This will likely involve leniency or plea agreements. Lawyers who avoid them will be left out of the market.”<\/p>\n

Other young attorneys who have gained prominence in Lava-Jato include Ma\u00edra Salomi, 32, representing former minister Edinho Silva and Mossack Fonseca; F\u00e1bio Tofic Simantob, 36, defending advertising executive Jo\u00e3o Santana; and Maur\u00edcio Silva Leite, 40, working with former senator Delc\u00eddio do Amaral (PT-MS).<\/p>\n

The military dictatorship (1964\u20131985) might partially explain the contrasting views between the older and younger generations on whistleblowing. For those who lived through the regime, whistleblowing carried strong ideological negative connotations. For the younger generation, denouncing a criminal organization partially sheds this stigma, opening space for truth-seeking and the whistleblower\u2019s reconciliation with societal values.<\/p>\n

The younger generation\u2019s stance is also shaped by the trauma of the Mensal\u00e3o case, where many of the country\u2019s top lawyers suffered crushing defeats. The harsh sentencing of businessman Marcos Val\u00e9rio served as a cautionary tale. Many attribute Paulo Roberto Costa\u2019s decision to initiate the devastating Lava-Jato plea deals to the “Marcos Val\u00e9rio effect.” This, coupled with the fact that plea bargaining was only codified in Brazil in 2013 through the Organized Crime Act, has changed the landscape.<\/p>\n

According to retired Superior Court of Justice minister Eliana Calmon, the shift in defense strategies began after Mensal\u00e3o. She explains that many attorneys previously created procedural obstacles to shield clients, but the strategy was disastrous. “Advocacy today is far more technical, as procedural nullity arguments no longer hold water,” she observes. She also notes that the Supreme Court has changed, and personal connections are no longer enough to secure success. “Before, a case would have four or five attorneys, each with influence over specific judges. That doesn\u2019t work in Lava-Jato anymore.”<\/p>\n

Published on Valor Econ\u00f4mico<\/a><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

The Operation Car Wash (Opera\u00e7\u00e3o Lava-Jato) revolutionized the standards of criminal investigation in Brazil and brought forth a new generation of criminal lawyers, shifting the spotlight away from the old guard, primarily represented by the names that took the stage during the Mensal\u00e3o trial. The most recent high-profile episode of Operation Car Wash involved a plea bargain negotiated by attorney Fernanda T\u00f3rtima.<\/p>\n","protected":false},"author":6,"featured_media":338,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[6,35],"class_list":["post-337","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-publicacoes","tag-fernanda-tortima","tag-lava-jato"],"acf":[],"yoast_head":"\nOperation Car Wash highlights a new generation of lawyers - T\u00f3rtima, Galv\u00e3o & Maranh\u00e3o Advogados<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/tgmadv.com.br\/en\/lava-jato-realca-nova-geracao-de-advogados\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Operation Car Wash highlights a new generation of lawyers - T\u00f3rtima, Galv\u00e3o & Maranh\u00e3o Advogados\" \/>\n<meta property=\"og:description\" content=\"The Operation Car Wash (Opera\u00e7\u00e3o Lava-Jato) revolutionized the standards of criminal investigation in Brazil and brought forth a new generation of criminal lawyers, shifting the spotlight away from the old guard, primarily represented by the names that took the stage during the Mensal\u00e3o trial. 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