BRASILIA – The trial that could lead to the annulment of convictions against the former president Luiz Inácio Lula da Silva it won’t happen before the end of March. The case is in the Second Panel of the Supreme Federal Court (STF), made up of five ministers. One of them, Celso de Mello, is on sick leave until March 19, with the possibility of renewing the certificate. Minister Gilmar Medes, who asked for a view of the case, told interlocutors that he will wait for the colleague’s return to return the case to the collegiate.
Lula’s defense questioned the role of the former federal judge in the Supreme Court Sergio Moro, who until 2018 took care of the Lava-Jato cases in the first instance and today is Minister of Justice. It was Moro who condemned Lula for the first time, in the process of Guarujá triplex (SP). After this conviction was confirmed by the Federal Regional Court (TRF) of the 4th Region, the former president was arrested in April 2018.
Lula was released in November 2019, with the STF’s decision authorizing prisoners sentenced in second instance to appeal in freedom. Although he is already free, a decision favorable to the ex-president in the Second Panel would overturn this conviction and delay the progress of other cases. This would reduce the chances of Lula returning to prison.
Habeas corpus began to be analyzed by the Second Panel in December 2018, a month after Moro accepted the invitation of President Jair Bolsonaro to head Justice. According to the defense, the fact proves the partiality of Moro, who would have allied himself with Lula’s main political opponent. The rapporteur of the case, Minister Edson Fachin, and Minister Carmen Lúcia voted against the defense, legitimizing Moro’s acts. Then Gilmar Mendes asked for a view and postponed the end of the trial.
Last year, the website “The Intercept” released messages from Moro and the Attorney of the Republic Deltan Dallagnol. The dialogues show that Moro gave guidance to the prosecutor on how to act in Lava-Jato processes, including one that investigated Lula.
Lula, former ministers Antônio Palocci and Paulo Bernardo and businessman Marcelo Odebrecht became defendants on charges of corruption and money laundering because, according to the Federal Public Ministry (MPF), they received bribes from Odebrecht in the form of an electoral donation
A third lawsuit in the 13th Federal Criminal Court of Curitiba against the ex-president is on the charge of receiving a bribe passed on by Odebrecht through the purchase of a property for the Lula Institute, which was not used, and for an apartment next to the coverage where the Lula family lived in São Bernardo do Campo.
The former president is a defendant in five lawsuits in the Federal Court of Brasília. At Operation Janus, he was charged with trafficking influence in Angola, for benefit Odebrecht. The Janus operation was an offshoot of Lava-Jato that found alleged irregularities in BNDES financing for Odebrecht contracts in the African country.
From Operation Zelotes, two lawsuits were filed against the former president. In a of these, Lula responds, along with his son Luís Cláudio Lula da Silva, to the accusation of influence peddling in competition that resulted in the Brazilian Air Force (FAB) choosing to buy Swedish Gripen NG fighters.
In the other action originating from Operation Zelotes, Lula is accused of influence peddling in the issuance of a provisional measure that gave tax incentives to the automotive sector.
Lula is also a defendant on charges of being part of the “PT quadrillion.” Judge Vallisney Oliveira, from the 10th Federal Court of the Federal District, accepted the complaint for alleged criminal organization involving members of the PT leadership, among them Lula and the former President Dilma Rousseff.
Lula is also accused of having received, through a donation to the Lula Institute, R $ 1 million from a company that provided services to the government of Equatorial Guinea. (Read more)
In February 2019, Lula was again convicted by the 13th Federal Criminal Court of Curitiba, this time for accepting reforms in the Atibaia site made by Odebrecht and OAS, with bribery money resulting from Petrobras contracts, in the amount of R $ 1 million. The sentence was 12 years and 11 months in prison for corruption and money laundering. money.
In July 2017, Lula was sentenced to nine and a half years in prison by the then judge Sergio Moro, for having received the triplex in OAS guarujá as a bribe for contracts obtained by the company at Petrobras. In January 2018, the TRF-4 increased the sentence to 12 years and 1 month and, in April this year, the STJ reduced it to eight years, ten months and 20 days.
The judge of the 10th Federal Court of Justice in Brasilia, Ricardo Leite, acquitted the former president and six other defendants in the obstruction of justice process. Lula was accused of trying to buy silence from former Petrobras director Nestor Cerveró, whistleblower of Lava-Jato.
After that, in June last year, the Second Panel resumed the trial. Mendes voted for a new postponement, but argued that Lula would wait in freedom until the Second Panel made a final decision. The proposal was rejected by the majority of the collegiate ministers. When the trial is resumed, Mendes will be the first to vote. Then Ricardo Lewandowski and Celso de Mello will speak.