EXAME: “The attack on Lava Jato continues,” says Fábio Medina Osório

Translated from the original.

In an exclusive interview with Exame magazine, one of Brazil’s most respected weeklies, jurist Fábio Medina Osório analyzed the political and legal scenario in our country, highlighting the course of Operation Lava-Jato, which is permanently under attack by those who want to silence it.

One year after being dismissed, former Attorney General of Brazil Fábio Medina Osório says those under investigation use the public machinery to defend themselves from the operation

By Flávia Furlan

São Paulo — Fábio Medina Osório, 50, from Rio Grande do Sul, was dismissed a year ago from the post of Attorney General of Brazil. At the time, he said he had suffered reprisals for trying to demand reimbursement to the public treasury from the contractors involved in corruption, and stated that there was a scheme to smother Operation Lava Jato. A year later, he is categorical: “The attack on Lava Jato is more ostensible”. According to him, some institutions have managed to defend themselves, and the fight against corruption , even with its paradoxes, is advancing.

Exame – One year after your departure, do you still believe there is an operation to quash Car Wash?

Osório – Today this operation takes place more ostensibly, because many of those under investigation hold power and occupy relevant public offices, such as the President of the Republic. It is natural that they use the public machinery to try to stanch the bleeding.

Exame – What are the signs that this is happening?

Osório – More than words, it is administrative actions that carry weight. Look at the budget of the institutions that investigate. Whenever a branch of government wants to reduce the activity of a particular body, it cuts its resources. Another sign is the use, by the President of the Republic, of the social communication office to defend himself or attack the Office of the Prosecutor General, which is wrong.

Exame – Are the institutions managing to defend themselves?

Osório – Brazil has been one of the most active countries in the world in fighting corruption. The positive visibility the country has gained through the investigation of the facts and the resistance mounted by its institutions is well known. For example: I regard as a correct stance the fact that Attorney General of Brazil Grace Mendonça did not defend President Michel Temer against the accusation of indictment in Congress, preserving the institution.

Exame – In this context, how do you assess the fact that Congress did not accept the corruption charge against the president?

Osório – The fight against corruption has its paradoxes. Some decisions depend more on political than legal factors. What is certain is that we have a president who can be reached by the investigating authorities. But Congress is sovereign in choosing the moment for the president to answer the accusations. And Congress itself will be judged for its choices before the voters.

Exame – Given that the indictment was rejected, many question the immunity granted to the JBS whistleblowers. What is your opinion on this?

Osório – In theory, the body of information, the number of people implicated and the importance of the figures perhaps recommended the benefits offered. The fact that the agreement was generous does not mean that it was illegal. But I have no doubt that the regulation of plea agreements will have to be improved. Plea agreements cannot be straitjacketed nor allow too much discretion. We will have to find a balance.

Exame – What could be done to reduce the loopholes for corruption?

Osório – Prohibiting private companies from financing campaigns was a mistake. That is not what caused corruption in the country, but promiscuity. Corporate financing could occur if there were more transparency and regulation.

Exame – What should remain of this whole process in the country?

Osório – Brazil, inexorably, must follow an anti-corruption agenda in order to advance economically. Only with companies that have ethical sustainability and compliance will country risk be reduced, attracting investment. Therefore, these agendas are inseparable for the country’s progress.