Justice upholds detention of five suspects in billion-real waste fraud case in Bauru

Judge rejected appeals to revoke temporary detention of former municipal secretaries and Estre Ambiental executive, citing risk to investigations. Suspicious contracts exceed R$ 5 billion.

Justice upholds detention of five suspects in billion-real waste fraud case in Bauru

Operation Trojan Horse: detentions upheld in fraudulent tender scheme

The Justice system rejected requests for revocation of temporary detention for five suspects arrested in Operation Trojan Horse, launched by the Special Task Force to Combat Organised Crime (Gaeco) on 9 September in Bauru (SP). According to g1.globo.com, the decision was released on Tuesday (15) and keeps the five detained whilst investigations proceed.

The detainees are suspected of fraud in the tender for the waste collection and management concession for Bauru, a contract valued at more than R$ 5 billion. Among those arrested are two former municipal secretaries, a former deputy secretary and two employees of Estre Ambiental company.

Who are the suspects

Judge Josias Martins de Almeida Jr. upheld the temporary detention of Cilene Bordezan, former municipal secretary for the Environment; Vitor João de Freitas Costa, former secretary of Legal Affairs; Sara Moura de Jesus, former deputy secretary; Hamilton Libório, former CEO of Estre Ambiental; and Talita de Andrade Soares, an employee of the same company.

According to the Public Prosecutor's Office, the group operated illegally, with the assistance of political agents, to secure the substantial municipal contract for Estre Ambiental.

Justifications for the decision

In the decision, the judge highlighted the sophistication of the group and its high capacity for influence as risk factors for the progress of investigations. In the case of Vitor João de Freitas Costa, the judge rejected the defence's argument that removal from office would be sufficient to neutralise this risk.

For Hamilton Libório, the conclusion was similar: the release of the former CEO would pose a threat to the course of the inquiries, according to the judge.

The defence of Cilene Bordezan requested house arrest, arguing that she has a son and an elderly father under her care. The judge denied the request after observing that both her son and father reside in Sorocaba, whilst Cilene lives in Bauru.

The detentions were originally ordered on 8 September, extended for a further five days on 13 September and remain in effect until this Friday (18).

Monitored meetings and telephone taps

The document from the Public Prosecutor's Office that supported the operation details the group's articulation, which held meetings, including in public places, to plan the structuring of a physical work base — an office — linked to Estre Ambiental.

On 4 August, according to telephone taps captured by the PO, Hamilton Libório suggested to Cilene Bordezan that they meet at a restaurant and request "a more discreet table". Cilene questioned where the location would be, and Libório indicated the same establishment where they had been with other members of the group, including Roger Barude, secretary of Culture, and former secretary Vitor Costa.

On the morning of the following day, 5 August, Gaeco photographically recorded the meeting between the suspects. The Public Prosecutor's Office assesses that the meeting had as its main objective the alignment of actions related to the waste concession.

The PO document further indicates that the main agenda of the meeting would be the installation of a commercial room in the same condominium where the restaurant is located, to serve as a local office for Estre Ambiental. On 17 August, a recording captured Cilene Bordezan referring to the property as "the building where we have the office" — a statement which, according to the PO, confirms the institutional and physical link of the group with the company.

Secretary of Culture denies participation in scheme

Roger Barude, secretary of Culture for Bauru, stated that he is a close friend of former secretary Vitor Costa and said that he usually had coffee with him frequently. According to Barude, on 5 August, Vitor changed the location of the coffee without warning and, upon arriving at the address, he noticed that other people were present.

Barude denied having participated in any discussion about the tender, describing the meeting as a simple breakfast. Regarding other meetings with Hamilton Libório and Cilene Bordezan mentioned in the Gaeco report, the secretary of Culture made no comment.

Origins of investigations and parallel operation

Gaeco's inquiries began following reports of threats against waste material collectors in Bauru. Parallel to Operation Trojan Horse, Gaeco launched Operation Möbius, which resulted in the arrest of Gisele Moretti, former president of the Recyclable Materials Collectors' Association (Ascam), and her husband, Valdomiro Pereira da Silva Filho.

Ascam maintained contracts with Bauru City Hall for selective collection and management of the city's ecopoints, totalling more than R$ 5 million with tender waiver. In total, seven people were arrested across the two simultaneous operations.

The arrests and scandal surrounding the billion-real tender have already reverberated in the municipal legislature: Bauru City Council has opened a Disciplinary Committee that could result in the removal of Mayor Suéllen Rosim from office.

Source: Google News BR — São Paulo

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