Collor will surrender to the court to comply with Moraes’s decision, says defense

The defense of the former president of the Republic, Fernando Collor de Mello, spoke after the Supreme Court (STF) minister, Alexandre de Moraes, determine his arrest. The decision comes after Moraes denying the defense appeal, which was trying to delay the beginning of the sentence. Collor had been sentenced to 8 years and 10 months in prison for corruption from an investigation in Operation Lava Jato.

In a statement, the former president’s defense stated that he will surrender to court to comply with Moraes’s decision. Collor’s representatives also said they received the arrest order with “surprise and concern.”

“The defense emphasizes that there was no decision on the demonstrated prescription that occurred after a final judgment to the Attorney General’s Office. As for the delaying character of the appeal, the defense demonstrated that the majority of the members of the Court recognize their manifestation. Such matters would be up to the plenary to decide, at least in the extraordinary plenary session already designated for tomorrow,” the defense said. (Read the full note below).

I want my wallet

According to the Federal Police, the arrest warrant should be served only on the morning of Friday, 25, but the former president may choose to surrender before the police ranked the door.

In May 2023, the STF ordered the former president for passive corruption and money laundering. Collor was not immediately arrested because his defense could still come with resources. Since the case has become final, Moraes had the penalty was immediately served.

In the decision, Moraes stated that Collor should immediately serve the sentence in closed regime, and have to pay ninety-fine days. For the crime of passive corruption, the penalty is four years and four months in prison. For money laundering, it is four years and six months. The offense of criminal association, in turn, had the punishment extinct.

Moraes submitted his decision to be endorsed by the Supreme Plenary who will judge the case from 11 am until 11:59 pm on Friday, 25. Before that, Minister said Collor could already be detained.

The former president was declared guilty for receiving $ 20 million in fees from UTC Engenharia in exchange for the direction of BR Distribuidora contracts. Former Minister Pedro Paulo Bergamaschi and operator Luís Pereira Duarte de Amorim were also convicted. The sentence also determines that the three must jointly pay a fine of $ 20 million for collective moral damages.

In addition to determining the arrest, Moraes said that Collor should undergo medical examinations to execute the president’s sentence to be accounted for.

“The issuance of a collection guide, and should be the defendant submitted to official medical examinations for the beginning of the execution of the penalty, including stating the clinical observations indispensable to proper penitentiary treatment,” he said in the decision.

First president who won a direct election after the military dictatorship (1964-1985) in 1989, Collor ruled the country between 1990 and 1992, when, in a previously unpublished decision, he suffered impeachment because of the corruption scandal known as “Case PC Farias”.

Collor becomes the third of the seven presidents who have ruled the country since the redemocratization to be arrested. Between 2018 and 2019, President Luiz Inacio Lula da Silva was arrested for 580 days. The petista was convicted of the same crimes as Collor (passive corruption and money laundering) and also in the course of Lava Jato. The Supreme Court annulled the conviction in April 2021.

The other former president was Michel Temer (MDB). Also due to Lava Jato, he was arrested in March 2019 in the course of Operation Radioactivity, an investigation that found cartel formation crimes and prior bidding adjustment. He was arrested four days and was released after a decision of the Federal Regional Court of the 2nd Region.

Read Collor’s defense note in full:

The defense of former President of the Republic Fernando Collor de Mello receives with surprise and concern the decision given today, 24/04/2025, by e. Minister Alexandre de Moraes, who rejected, in a monocratic way, the appropriate appeal of embargoes of infringers presented in the face of the judgment of the Supreme Court plenary, in the case of AP 1025, and determined the immediate arrest of the former president.

It emphasizes the defense that there was no decision on the demonstrated prescription that occurred after a final judgment to the Attorney General’s Office. As for the delaying character of the appeal, the defense has shown that most members of the Court recognize their manifest fit. Such matters would be for the plenary to decide, at least in the extraordinary plenary session already designated for tomorrow.

In any case, former President Fernando Collor will present himself to comply with the decision determined by Minister Alexandre de Moraes, without prejudice to the expected judicial measures.

(With Estadão Content)