If it were soap opera or movie, it would be that twist that changes the perspective of a final nothing happily. A decision taken on Tuesday (20) For the third class of Superior Court of Justice (STF) reverses the trend that was drawn to the collection of an account estimated at R $ 2 billion for companies, cooperatives and producers gauchos. The debt is related to the bankruptcy scandal of Banco Santos, from the billionaire Edemar Cid Martins in 2004. The case under analysis is FRS, a company that succeeded to Doux Frangosul, now part of JBS.

So far, there were two votes contrary to the company, which meant the payment of R $ 160 million, the rapporteur Nancy Andrighi and Marco Aurélio Bellizze. There was a second request for sight, which returned today with the favorable vote of Ricardo Cueva, who was accompanied by the other members of the third class, Paulo de Tarso Sanseverino and Moura Ribeiro.

- we had lost at first and second instance and were losing by two to zero. We turn to three to two - observes Márcio Carpena, director of Carpena Lawyers, representing FRS.

The problem was born of a strategy of Broker PDR, linked to Banco Santos, which before bankruptcy offered renewal lines of credit to companies, cooperatives and rural producers of the conditioned state to exchange a rural producer (CPR) It promised the delivery of production result. In thesis, this CPR would not be used. There was even a document, called "Comfort Charter", signed by Edemar Cid Ferreira himself, annuling obligations.

It occurs that the banker, in the process of sending resources to tax havens, used these titles. In the criminal proceedings, none of the gauchos involved was blamed. However, bankrupt mass of Banco Santos joined indemnifying actions against 39 individual and legal persons of the state. The claim was that of somehow participated in fraud. As the STF is the court responsible for uniformity of jurisprudence, the case ended there. There was a precedent with favorable decision, but a discussion on documentation differences threatened to turn the wind.

Now, with the second case analyzed and decided to favor the gauchos, Carpena evaluates that the case-law must be established. In days that Brazilians are learning to better understand the judiciary, the lawyer admits that it is not discarded the possibility of different understanding in the fourth class, which also has cases to examine, although it considers little likely.

- We have established that these people may have participated in some way, but not voluntarily. They had no way of knowing that the banker would use the titles issued without ballast to bang. With two favorable decisions, the trend is that the fourth class follow the precedents - evaluates Carpena.