Minister Díaz Toffoli of the Federal Supreme Court (STF) on Monday (11 October), at the request of Peru’s former First Lady Nadine Heredia Alarcón, asked the court to block any arrest, extradition or possible legal cooperation with Peru that could restrict freedom in Brazil.
Mr. Toffoli partially granted the request. A judge declared key evidence used against her in a Peruvian criminal case worthless. Nadine is accused of receiving illegal funds to fund political campaigns.
However, the judge stressed that extending the invalidation of Odebrecht’s evidence to Nadine Heredia does not preclude international cooperation between Brazil and Peru, including the possibility of extradition.
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Mr. Toffoli declared invalid the evidence obtained from the Drusis and My Web Day B systems used in the leniency agreement signed by Mr. Odebrecht. This extension was granted on the grounds of “contamination of evidence.”
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This decision extends an earlier ruling by the STF against Nadine Heredia Alarcón, who faces criminal charges in Peru based on documentary evidence deemed invalid in Brazil.
As a direct result of the annulment, Mr. Toffoli ordered Brazil to notify the Peruvian government that these data are no longer available.
delivery
Nadine called for a declaration that “any form of international cooperation is unfeasible” between Brazil and Peru, which would result in her being arrested on Brazilian territory. However, Toffoli considered these claims “unrealistic to consider in this headquarters.”
Toffoli said he does not have the authority to order a stay of ongoing criminal proceedings in the Republic of Peru. The decision was therefore limited to declaring the evidence invalid in terms of the Brazilian legal system.
former first lady
Nadine Heredia served as Peru’s first lady from 2011 to 2016 during the administration of her husband, former President Ollanta Humala. She is accused of receiving illegal funds to finance political campaigns.
The couple were found guilty of illegally receiving funds from Brazilian construction company Odebrecht and the Venezuelan government to finance Humala’s presidential campaigns in 2006 and 2011.
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