ConJur — That's why Switzerland complained

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The documents it sent to Brazil in the corruption investigations against deputy Paulo Maluf were used in the process of currency evasion, right? Madruga — Switzerland understands that currency evasion is not a crime. She says: “I cooperate with Brazil as long as it is cooperation to combat the crime of corruption”. Brazil received the evidence, committed to using it to combat corruption, but also used it to try to prove currency evasion. Therefore, Switzerland stopped all cooperation with Brazil. But I can't talk more about it because I have an ethical impediment, as I worked on the case. In theory, the country receives a document from another for a certain purpose and can only use it for that purpose. You cannot use it for any other purpose.

Brazil needs to learn that cooperation is based on rules. ConJur — And has the country complied with the rules in the cooperation agreements? Madruga — Brazil learned to cooperate. For a long time, the Phone Number List country understood that a letter rogatory could not have an enforceable effect. In other words, Brazil did not respond to a letter of request, for example, to break confidentiality. In the investigations into corruption in the construction of the São Paulo Labor Forum building [ in which labor judge Nicolau dos Santos Neto was convicted of embezzling R$ million from the works ], Brazil requested Switzerland's cooperation through a letter rogatory. When Switzerland came to ask for cooperation, Brazil said that it did not give enforceable effect in a letter rogatory.



At the time, the Supreme Court explained that the way to obtain bank data is to ratify a foreign sentence, but this means that the sentence must have become final and unappealable in the country. It's impossible and it doesn't make sense. It is not possible to cite the parties and wait for the sentence to become final and to be approved, and only then will Brazil break confidentiality. Therefore, the Supreme Court's position in cooperation with other countries was very uncomfortable. ConJur — Is it still like that today? Madruga — After Constitutional Amendment , the STJ has the power to ratify foreign sentences and analyze letters of request. The court has refreshed its jurisprudence and now allows executory acts (which it calls decision-making) by letter rogatory.