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Brazilian Judge Voids Odebrecht Server Files While Peru Can Refuse to Apply Ruling

Recognition in Peru requires an exequátur that lets a Peruvian judge decide whether any Brazil-annulled files must be excluded from Alejandro Toledo's case.

Overview

  • Brazil's Supreme Federal Court minister José Antonio Dias Toffoli issued a decision on files taken from the Drousys and My Web Day servers that seeks to nullify those materials as evidence.
  • Peruvian authorities have not applied the Brazilian decision and must complete an exequátur, a domestic judicial procedure that formally recognizes foreign rulings before a Peruvian judge can evaluate excluding specific items.
  • Former ad hoc prosecutor Silvana Carrión told media that the Peruvians do not have to follow Brazil automatically and that the Peruvian court will first identify which, if any, documents from the server extracts are affected.
  • Carrión noted the Toledo prosecution relies largely on materials delivered in Peru under Odebrecht's collaboration agreement and said the Brazil ruling may have limited impact on the core evidence.
  • Carrión also urged keeping the Procuraduría ad hoc active because of its record of recovering civil reparations and cautioned that former investigators' public political activity, such as José Domingo Pérez's endorsement, can raise questions about past probes.