STF should only judge Moro’s performance in Lula’s processes from the end of March


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.

From Moro’s performance to the guarantees judge: What should be judged this year in the STF

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.

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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.

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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.


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