The Federal Court of Brasília rejected the complaint by the Federal Public Ministry (MPF) that intended to reopen the case of the site in Atibaia. The decision, published last Saturday (28), was signed by Judge Pollyana Kelly Maciel Medeiros Martins Alves, substitute for the 12th Criminal Court of the Federal District.
In the action, Lula was accused of having received a bribe of R$ 1.7 million from the contractors OAS and Odebrecht, through works to renovate a farm frequented by the former president, in the city of Atibaia, in the interior of São Paulo. In the context of the extinct operation Operation Lava Jato, by the MPF of Paraná, the former president had been sentenced to 12 years and 11 months in prison by former judge Sergio Moro.
Later, the former judge appeared in leaked messages that were analyzed by the Federal Police, in the Spoofing operation, combining actions between the Justice, represented by him, and the prosecution, represented by the attorney Deltan Dalagnoll, of the MPF-PR.
Thus, on June 23 of this year, by 7 votes to 4, the Federal Supreme Court (STF) decided that Moro acted with partiality and deemed him suspect. The Supreme Court sentence determined the annulment of the judgment and, consequently, of the sentences imposed on Lula.
Read More.: STF plenary confirms Sergio Moro’s partiality in lawsuits against Lula
The MPF appealed the decision in the Federal Court of Brasília, a forum determined by the STF as competent to analyze the cases referring to the former PT president. In her sentence, Judge Martins Alves explained her opinion.
“It is not up to the Judiciary Branch to act as an investigator or accuser. The magistrate is the guarantor of the due legal process and the guarantor of ample defense and adversary proceedings. In this case, the original complaint mentions several indications and evidence gathered in the midst of the investigation, including from the judicial decisions rendered in the present case, as well as in other criminal actions (…) whose decisions rendered by the then federal judge Sérgio Fernando Moro they were also annulled by the Federal Supreme Court”, explained the magistrate.
Martins Alves also criticized the lack of evidence in the records. “This task, to specify the elements of evidence that substantiate evidence of criminal authorship and materiality, is the burden and prerogative of the prosecution body, and the magistrate is prohibited from investigating them, under penalty of replacing the accusing body, which would violate the accusatory system in force in the legal system, a corollary of the broad defense, the adversary system and the due process of law.”
In a statement, Lula’s defense celebrated the result of the analysis by the Federal Court of Brasília. “The sentence that rejected the reopening of the “site of Atibaia” action against Lula is added to another 16 court decisions in which Lula was fully acquitted or had lawsuits filed, given the inconsistency of the accusations. All these decisions are equally relevant to affirm the primacy of justice and confirm the innocence of the former president, although nothing can repair the 580 days of illegal imprisonment, the violence and the suffering over these five years”, he concluded.
See, below, the list of 17 Lula acquittals in court.
1.Triplex Case of Gruarujá – The defense proved that Lula never owned, never received or benefited from the apartment in Guarujá, which belonged to OAS and was given as guarantee for a loan at Caixa. Case annulled by the STF in two decisions, reestablishing Lula’s innocence.
2. Atibaia Site Case – The defense proved that Lula never received money from Odebrecht to pay for renovations on the farm, which was never his. The transfer of R$700,000 from Odebrecht, alleged in the complaint, was actually made to a company director, not for works on the site. Case annulled by the STF, restoring Lula’s innocence;
3. Attempt to reopen the Sitio de Atibaia Case – The defense proved that there are no technical conditions to reopen the criminal action against Lula for receiving reforms on the site, which never belonged to Lula. The judge of the 12th Federal Court of Brasilia accepted the arguments of Lula’s defense and rejected the request of the Federal Prosecutor Frederico Paiva to open a new criminal action in relation to the case before the Federal Court of Brasilia, where the case was referred after a decision of the STF that annulled the original process that was processed in the 13th. Federal Court of Curitiba;
4. Case of the Lula Institute Land – The defense proved that the Institute never received a land donation, contrary to what the Lava Jato complaint says, and always operated in its own headquarters. Case canceled by the STF.
5. Case of Donations to Instituto Lula – The defense proved that donations from individuals from more than 40 Brazilian and foreign companies to the Institute, between 2011 and 2015, were all legal, declared to the Federal Revenue, and never constituted any kind of bribe or cash 2. Case annulled by the STF.
6. Case of the PT Quadrillion – This is the most serious and the most irresponsible of all the false accusations made against Lula; that he would be the head of a criminal organization set up to drain resources from Petrobras and other public companies. The 12th The Federal Court of Brasília filed the complaint for verifying that the MPF made the very serious accusation without having pointed out any crime, any illegal act or corruption that had been practiced by Lula, his former ministers or by PT leaders accused along with him . The judge said the complaint was simply trying to criminalize political activity. Case closed, Lula acquitted.
7. PT II Quadrillion Case – A second complaint along the same lines as the previous one was simply rejected by the 12th. Federal Court of Brasília. Case closed and filed, Lula acquitted.
8. Delcídio case (obstruction of justice) – The defense proved that the denunciation of former senator Delcídio do Amaral was false. The complaint was so fragile that there was not even an appeal from the prosecution against the decision of the 10th. Federal Court of Brasília that acquitted Lula. Case closed, Lula acquitted.
9. Case of Lula’s Lectures – An inquiry opened in Sergio Moro’s Federal Court in December 2015, with the objective of accusing Lula of having simulated the holding of lectures, in another farce by Lava Jato. The defense proved through videos, recordings, photographs and news the holding of all 72 Lula lectures organized by the company LILS, between 2011 and 2015. The Federal Police and the Public Ministry (Task Force) had to acknowledge that the lectures were carried out without any illegality or simulation. The legality of the lectures had to be recognized in a decision by the substitute judge of Moro, Gabriela Hardt. Case closed, acknowledging Lula’s innocence.
10.Case of the National Security Law – As Minister of Justice, Sergio Moro asked the Federal Police to open an inquiry against Lula, based on the National Security Law from the time of the dictatorship. Lula was summoned and testified to the PF. The inquiry was summarily filed by the 15th. Federal Criminal Court of Brasília. Case filed, Lula acquitted.
11. Case of Lula’s son (Towchdown) – The defense demonstrated that the prosecution’s accusations against Luiz Cláudio Lula da Silva, for the actions of his sports events company Touchdown, were false. The complaint was rejected by the 6th. Federal Criminal Court of São Paulo. Case closed, Lula acquitted.
12. Case of Lula’s brother – The defense demonstrated that there was no illegality, fraud or favoritism in the services that Frei Chico, one of Lula’s brothers, provided to Odebrecht in union negotiations since before the president was elected. The 7th Federal Criminal Court of São Paulo rejected the false accusation. Case closed, Lula acquitted.
13. Case of Lula’s Nephew – The defense proved that there was no irregularity, illegality or favoritism in the subcontracting of a company owned by a nephew of the former president for an Odebrecht project in Angola and that Lula did not receive any value arising from this contractual relationship. The Federal Regional Court of the First Region closed the case because the complaint was inept (with no minimum conditions to be processed). Case closed and filed, Lula acquitted.
14.Triplex Invasion Case – The 6th. The Federal Criminal Court of Santos rejected the Public Ministry’s complaint regarding the protest that members of the Homeless Workers Movement made against Lula’s unjust conviction in the Guarujá triplex, in April 2018. Case closed, Lula acquitted.
15. Capital Letter Case – Investigation Procedure sent to the Federal Court of São Paulo. In yet another farce, Lava Jato tried to characterize Odebrecht’s sponsorship contracts with Carta Capital magazine as illegal. The Federal Police itself requested the filing. Case closed, Lula acquitted.
16. Case of MP 471 – Lula was accused of having received compensation for the enactment of MP 471, which extended incentives to the automobile industry. After a long process, the MPF itself asked for Lula’s acquittal. The 10th Court Federal Court of Brasília acquitted Lula, stressing that there was no just cause to maintain the action. Case closed, Lula acquitted.”
17. Case of Guinea – Lula was accused of committing the crimes of international influence peddling and money laundering as a result of the Lula Institute having received an official donation from a Brazilian company that has been operating for a long time in Equatorial Guinea. After a long process, the Federal Regional Court of the 3rd. Region (TRF3) locked the criminal action in habeas corpus filed by Lula’s defense, recognizing that there were no minimum elements to justify its processing.
Edition: Vinícius Segalla