‘Lavajato’ and other fraudulent cases against Lula da Silva

Lula He could be president this Thursday if it had not been for the accumulation of cases and a judicial political framework that politically disabled him just at the moment when, from prison, he was leading the polls. That was in 2017 and back then, as we know, he won Jair Bolsonaro. Upon assuming power, the far-right appointed as Minister of Justice of Brazil the judge sergio morothe same thing that led the leader of the Workers’ Party (PT) to jail and disqualification.

I will never get tired of naming this character who at the time has been presented by the overwhelming majority of the international and Brazilian media as an example of transparency, honesty and dignity. She had a good streak of several years, appearing on covers, starring in absurd lists of “persons of the year” until the little house of cards finally began to fall.

Let’s see why. Although the Petrobras case is older, it all started for Lula in 2016, when they began to investigate him for having received bribes from businessmen supposedly in exchange for a series of public contracts.

In 2017, Moro sentenced him to nine years and six months in prison for passive corruption and for having been bribed with a luxury triplex on a beach on the coast of Saint Paul. That same year he disqualified him as a presidential candidate and a year later, in 2018, he received another sentence of 12 years and 11 months for money laundering in reforms carried out on a weekend farm. All those “casoplones” and reforms were allegedly received in exchange for public works contracts, an accusation that he himself denied from the beginning.

The media treatment given to these causes at that time was truly scandalous. The press took it for granted that they were founded, without questioning anything at all. Then one looked for the concrete evidence, the circumstances and the real data that was available. Any minimally rational person could see that, as much as an enormous effort had been made to build those cases against him, what there was evidence did not seem like evidence at all.

In 2019, with Lula already in prison, the journalist Glenn Greenwald publish in your medium The Intercept Leaked messages from Moro’s chats with prosecutors investigating those cases. What transcends is that basically everything has been a fraud. In the chats they talk about possible witnesses to incriminate the former president, they analyze paths to follow in the investigation, as well as different traps that can be resorted to.

Judge Moro did not take long to come out with explanations, quite hasty, to tell the truth. He this one said something like “how little nerve have the hackers that they have created all those messages” and that they are not that big a deal either. In other words, even if they were written by him, nothing happens. It doesn’t matter that a magistrate coordinates with prosecutors to see who can come out to testify against a defendant.

After these publications, Moro resigned from his position as Minister of Justice, although not out of shame or because of the publications. He abdicated for alleged interference by Bolsonaro in the administration of justice. He presented his candidacy for the presidency but not many people supported him, so he dropped out of the electoral race. In April 2021, the Brazilian Supreme Court annulled all corruption convictions against Lula. So after this decision he recovered his political rights and the possibility of being a candidate.

A month before those causes were revoked by one of the magistrates, Edson Fachin and only the decision of others remained. Well, all but one –a close ally of Bolsonaro– have voted in favor of maintaining the annulment of the convictions. Why? They recognized that they had been issued by a court that did not have the authority to do so, a partial court.

According to the Supreme Court, the only alleged evidence used to send Lula to jail was the fact that the construction company OAS, which built, for example, the famous triplex on the coast of São Paulo, was part of the conglomerate that acted illegally in Petrobras contracts.
In other words, you buy a house, then it turns out that the real estate agency scams the elderly, and they declare you to be the central figure of that network.

“In all cases, the complaints were structured in the same way, attributing him the role of central figure of an organized criminal group”, says the Court. In April this year the UN Human Rights Committee concluded that Lula’s investigation and prosecution violated his right to be tried by an impartial tribunal, his right to privacy and his political rights.

Of course, Moro approved, for example, a request to tap the phones of Lula and his family, and then those wiretaps ended up in the media. He also issued an arrest warrant for questioning. According to the UN, the judge’s actions violated Lula’s right to the presumption of innocence. In addition, they considered that the political disqualification and the prohibition to run for the presidency were arbitrary decisions, who would have said it at the time!

The trials against Lula and his stay in prison were also marked by a series of personal tragedies for him. In 2017, his wife of 43 years passed away. Marisa Leticia Roccofor a stroke. The PT leader himself said at that time that he died because of persecution, hatred and evil.

In 2019, when he was already in prison, his older brother also died and Lula could not fire him because the judges were slow to authorize his presence at the funeral. A month later, his seven-year-old grandson also died of meningitis. This time he was able to attend the funeral.

Lula’s ability to get up after all this is admirable and not only get up, but give hope to millions of Brazilians who, judging by the polls, will elect him president once again.

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