Brazilian justice decides appeal to reverse sentence against Lula da Silva

The Superior Court of Justice of Brazil (STJ) began voting on a resource of the former president Luiz Inácio Lula da Silva against the sentence of more than 12 years in prison served for one year for pbadive bribery and money laundering.

The first magistrate to have voted, Judge Felix Fischer, voted in favor of a reduction of the sentence of the former president on the basis of the withdrawal of aggravations applied by the second instance in Porto Alegre. If Fischer's position prevails, the penalty will go from 12 years and one month to eight years, ten months and twenty days.

If finally the decision of Fischer is imposed, Lula could establish a semi-open regime from September. because he would have already served one-sixth of his sentence in prison.

The court of third instance, the judges in Brasilia call "who seeks to reverse the sentence"against the former President (2003-2010) in the context of Operation Lava Jato, which uncovered a huge corruption ploy focused on Petrobras, said the STJ in a statement.

Lula, imprisoned since April 7, 2018 in Curitiba (south), was sentenced in first and second instance as a beneficiary of a triplex apartment in Guarujá (coast of the State of São Paulo) made available to you by construction companies to obtain contracts to Petrobras.

Last November, Judge Felix Fischer of the STJ denied "special resource"Lula, but the defense of the 73-year-old leader of the left, asked a college of magistrates to examine the case.

The session is held on Tuesday afternoon, in the presence of only 4 of the 5 magistrates of the court, because one of them declared itself unfit to maintain personal relations with the lawyers of one of the parts.

In the event of a tie, a judge of another court of the same court will be called upon.

The STJ can decide to keep the sentence of 12 years and a month imprisonment, to release Lula or reduce her, with the possibility of serving her sentence in house arrest. According to the specialized sites, STJ has upheld until now the decisions of the second instance in the affairs of Lava Jato operation.

Lula claims to have been convicted without evidence and denounces judicial persecution aimed at preventing the Workers' Party (PT) from returning to power.

His lawyers are asking for his acquittal and, recently, they have presented the alternative that the money laundering charges be considered an electoral crime, which could reduce his sentence. "They have never presented evidence against me. I am a political prisoner, exiled from my own country", recently wrote the former president.

Last February, Lula was sentenced by a court of first instance to 12 years and 11 months in jail for carrying out reforms in another property, also in exchange for contracts with the state oil company. .

He is also facing other cases awaiting trial, but his stay in prison is due to the triple Guarujá case, since Brazilian law allows the first resort to be presented at liberty.

(With information from AFP)