Brazil annuls Odebrecht evidence linked to Alejandro Toledo

The Supreme Federal Court of Brazil has annulled evidence sent to Peruvian authorities regarding alleged bribes paid by the construction company Odebrecht to former Peruvian President Alejandro Toledo. Justice Dias Toffoli ruled that digital files extracted from the ‘Drousys’ and ‘My Web Day B’ servers, which were used to record company operations, are legally invalid due to flaws present from their origin.

Toffoli cited irregularities in the chain of custody of the digital evidence obtained by the 13th Federal Court of Curitiba, which was then overseen by Judge Sergio Moro. The ruling noted that documents derived from the leniency agreement between Odebrecht and the Brazilian Prosecutor's Office were procedurally inadequate for use in this case. This decision follows similar legal criteria previously applied in investigations involving former Peruvian President Ollanta Humala.

The Brazilian ruling specifies that records of alleged illicit payments cannot be used in judicial proceedings conducted outside of Brazil. For this decision to impact the legal proceedings in Peru, the Brazilian Ministry of Justice must formally notify Peruvian authorities through the Department of Asset Recovery and International Cooperation (DRACI). Once notified, Peruvian judges will determine the legal implications for Toledo, who is currently serving a 20-year sentence for collusion and money laundering related to the Interoceánica Sur case.