Brazilian Supreme Court ruled that Sergio Moro was not impartial in investigations against Luiz Inácio Lula da Silva



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Former Brazilian President Luiz Inacio Lula da Silva at a press conference in Sao Bernardo do Campo, near Sao Paulo (REUTERS / Amanda Perobelli)
Former Brazilian President Luiz Inacio Lula da Silva gives a press conference in Sao Bernardo do Campo, near Sao Paulo (REUTERS / Amanda Perobelli)

The Supreme Federal Court of Brazil (STF) determined on Tuesday that Judge Sergio Moro was not impartial in trying the case against former President Luiz Inácio Lula da Silva in the corruption case known as Lava Jato.

The determination resulted after Minister STF, Cármen Lúcia, will modify the vote previously pronounced, with which 3 ministers voted in favor of Moro’s bias, and 2 against. The outcome, however, has yet to be announced by House Speaker Minister Gilmar Mendes.

Noting that the founder of the Workers’ Party (PT) did not benefit from a fair trial, eThe court proceedings are a blow to Moro and the cases he conducted in the massive corruption case known as Lava Jato, as other defendants could make similar introductions to Lula.

In the image, then judge Sergio Moro, in charge of the Lava Jato cases at first instance.  EFE / Joédson Alves / Archives
In the picture, then judge Sergio Moro, in charge of the Lava Jato cases at first instance. EFE / Joédson Alves / Archives

The defense of the former president (2003-2010) alleged that Moro, the main character in the massive anti-corruption operation Lava Jato, has wronged Lula throughout the investigation into the process and has acted with political motives.

Examples cited include having barred Lula from running in the 2018 election, for which he was the favorite, and then having agreed to be Minister of Justice under far-right President Jair Bolsonaro, winner of these elections.

Ministers can change their votes until the result is announced. When voting, Cármen Lúcia argued that the evidence presented at this stage of the process showed the judge’s non-compliance.

Former Justice Minister Sergio Moro and Brazilian President Jair Bolsonaro (O GLOBO / ZUMA PRESS / CONTACTOPHOTO)
Former Justice Minister Sergio Moro and Brazilian President Jair Bolsonaro (O GLOBO / ZUMA PRESS / CONTACTOPHOTO)

A few days ago, four court cases against Lula had been quashed, in two of which he had already been sentenced to terms totaling around 26 years in prison for alleged corruption. After this decision, the political leader can again be a candidate in the next elections.

For these sentences, Lula spent 580 days in prison, although he was later released due to a change in Supreme Court case law. The measurements relate to a triplex apartment in the spa resort of Guarujá, on the coast of the state of Sao Paulo; to a country house in the city of Atibaia in São Paulo, and to an investigation into the Lula Institute, founded by the ex-president.

The head of the PT released on November 8, 2019 after the Supreme Court ruled that prison sentences would not begin to be served until the defendant exhausted all available remedies.

Edson Fachin, rapporteur of the case, spoke out against Lula's request (AFP)
Edson Fachin, rapporteur of the case, spoke out against Lula’s request (AFP)

Lula left open the possibility of being a presidential candidate in 2022 after his first public appearance after the move, although his speech had a marked electoral emphasis, as he sketched the outlines of a hypothetical program and harshly criticized Bolsonaro for his erratic handling of the coronavirus pandemic and his desire for weapons.

If we consider that it is possible to defeat Bolsonaro, and if the comrades of the PT and other parties consider it, I will be ready for it (contesting the elections) “said the former president, who also ruled out that his 75 years could be an obstacle to his return to political life.

“I am predestined to live to be 120 years old and I have 40 years to live to prove that they have set up a criminal organization to accuse me and prevent me from being a candidate,” he said declared. Afirmó igualmente que, tras casi tres años paralizado, incluyendo un año y medio de prisión y otro año de cuarentena por la pandemia de la covid-19, esta “loco para comenzar a viajar por el país y comenzar a discutir con la población los from Brazil”.

With information from AFP and Reuters

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