In his resolution, Leopoldo Broglia and Pablo Bertuzu had estimated that various officers and individuals were governed as a mechanism of gear, as part of an organization run by a former president whose purpose was to save. The purpose, the Magistrate guaranteed, "He calls them and identifies them as a relationship with the same group that forms as an illegal organization". I say, there was one Effective society, They had the desire to include this group for criminal purposes. At this point they advocated the defense of the traders, arguing that their defendants were not shared with officials with criminal motives.
It is clear, the judges said that those merchants who had paid the subsequent officials or their intermediaries were inspired by the discovery of the economic benefits. However, they have made it clear "The purpose described in the expression of criminal offense is not for the moment".
What is asked – the judges pointed out – that the entry of industrialists into the illegal trade unionized from the highest level of the state by the money they have created. To be included in this agreement, the Magistrate remembered that the share of the money given by the traders ended with the increase of their paternity, Participating in a significant part of the practice called "the cost of policy".
For the house, regardless of the liability involved in the delivery or the offer of money to the public authority for profit in return, "We understand that it is not enough to take into consideration the members of the criminal attachment with the defined characteristics".
Broglia and Bertuzuji believed that with their behavior, traders retained a profit objective, but – marked – It can not be tolerated that they are guided by the "agent of the same agent who guides the public agents" And that was it leitmotiv Criminal order ordered by Cristina Corkner.
Judges pointed out that it is said that the authorities have guided their activity through other incentives based on the benefits obtained through their illicit payment. However, they emphasized these actions "They do not allow to find their place within the unlawful organization".
To be considered as members of the unlawful organization, they must join the criminal agreement, Assuming a special role in the organization and it serves to achieve its goals, With a specific projection in time. These elements for Brüglia and Bertuzuji, have not met at the moment.
After all, the judges confirmed that an integral assessment of the evidence so far suggests that prohibited merchants They will receive contracts or public concessions for the payments made to the National Executive Power Executives, not "related to their similar criminal structure".