Brazilian justice once again clears Lula: a magistrate of the Supreme Court annulled two new procedures launched against the former Brazilian president by the ex-judge Sergio Moro, declared “partial” last March.
A magistrate of the Supreme Court of Brazil (STF) on June 24 quashed two new proceedings launched against Luiz Inacio Lula da Silva by ex-judge Sergio Moro in the case that won the former president 19 months in prison.
This decision invalidates all the elements collected by Sergio Moro and resets the proceedings, ruling out the possibility of a relatively quick second instance conviction capable of preventing Lula, 75, from running in the presidential election in November 2022. Gilmar Mendes ruled that there was “factual and legal identity” between the case for which Sergio Moro had been declared “biased” and the two others passed into the hands of the figurehead of the anti-corruption operation “Lavage Express ”launched from Curitiba (south).
Gilmar Mendes therefore ordered “to cancel all the decision-making procedures of the magistrate, including those of the phase preceding the procedure”.
Lula was sentenced in 2017 to 9.5 years in prison by Sergio Moro, who accused him of having benefited from a triplex on the Paulista coast, offered by a construction company in exchange for contracts with the state oil group Petrobas. A court upheld and increased the sentence on appeal, which prevented the former president (2003-2010) from participating in the 2018 election and kept him behind bars from April to November 2019.
But the second chamber of the STF (composed of five judges) ruled in March in Lula’s defense and denounced the “partiality” of Sergio Moro, particularly highlighted when he was appointed Minister of Justice by the president. Jair Bolsonaro. The Supreme Court ratified this decision in plenary session, by 7 votes to 4.
Judge Mendes has now extended this decision to the two other cases heard in Curitiba, both at the preliminary stage. One relates to the work carried out in an area in Atibaia (State of Sao Paulo), the other to the purchase of land by the Lula Institute. The former president, who has always said he is innocent, has been cleared in recent months of several corruption charges investigated in various jurisdictions of the country.
Along with the affairs of Curitiba, which will be disoriented in Brasilia, the icon of the Latin American left is still targeted by three other procedures, one also in the capital and two in Sao Paulo.