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Brazil’s Top Court Nullifies Odebrecht Data in Nadine Heredia Case, Bars Its Use in Peru Cooperation

The order cites defects in authenticity, restricting mutual legal assistance under prior Lava Jato precedents.

Overview

  • Supreme Federal Court justice José Antonio Dias Toffoli granted a defense request to annul digital evidence tied to Odebrecht’s Drousys and My Web Day systems.
  • The ruling declares the records unusable due to unresolved questions over chain of custody and authenticity raised in earlier Brazilian decisions.
  • The decision prohibits using those materials in any judicial cooperation with Peru and orders Brazil’s Ministry of Justice to refrain from transmitting them.
  • Toffoli extended benefits previously applied to other Lava Jato defendants, including former Peruvian president Ollanta Humala, to Nadine Heredia.
  • Heredia has diplomatic asylum in Brazil since April 2025 after a transfer to Brasília by the Brazilian Air Force, a status that the ruling could further shield from extradition or detention requests.