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Brazil: Ex-judge Sergio Moro says UN panel erred in decision on Lula da Silva

by Perry Shepard
April 29, 2022
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After knowing the content of the report of the United Nations Commission and not the report of the central organs of the United Nations, it can be seen that its conclusions are drawn from the decision of the Federal Supreme Court [do Brasil] Last year, second-tier court [tribunal]that overturned the convictions of former President Lula,” says a note issued by Moro.

“I consider the STF’s decision to be a major miscarriage of justice, which unfortunately has disproportionately affected the UN Commission. In any case, not even the commission has denied the existence of corruption in Petrobras or confirmed Lula’s innocence. It is worth noting that the conviction of Former President Lula endorsed it by three judicial bodies and passed the scrutiny of nine judges.”

The United Nations Human Rights Committee today issued a resolution concluding that investigations and convictions against the former Brazilian president in alleged corruption cases denounced by Operation Lava Jato violated his human and political rights.

Lula da Silva has been under investigation since 2016 and was convicted of his alleged connection to what was the country’s largest corruption investigation in 2017, Operation Lava Jato, directed primarily by Judge Sergio Moro, who later became a minister. Justice, the government judge led by Jair Bolsonaro.

In a case sentenced by Moro over possession of a luxury apartment in the tourist resort of Guaruja, on the coast of São Paulo, Lula da Silva was also convicted in other cases and spent 580 days in prison, although this case and all other cases against her were dropped due to new court decisions .

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Moreau, who was deemed a suspect judge by the STF in 2021 for his role in Operation Lava Jato in cases involving the former president, concluded his note by defending that “it is possible to note, in the UN panel report, strong voices won beyond doubt” that their performance “A project in law enforcement, in fighting corruption, and that there was no kind of political persecution.”

In a statement, this UN panel, made up of independent experts who oversee compliance with the International Covenant on Civil and Political Rights and its protocols, an international treaty signed and ratified by Brazil, said it had concluded that Lula da Silva had not been tried by an impartial court and was exposing his right to privacy and rights. Political damage during corruption investigations.

The commission issued its conclusions after considering a complaint filed by Lula da Silva’s lawyers in 2016 about the manner in which he was prosecuted in the Lava Jato operation, which exposed crimes in Petrobras and other public institutions committed by politicians, businessmen and government officials. ..

The United Nations commission indicated that during the investigation, former judge Moro agreed to a request by the Public Prosecution Office to tap the phones of Lula da Silva, his family members and his lawyer.

“he is [Moro] They then released the contents of the wiretapping to the “media” before the charges were formally brought. He also issued an arrest warrant to detain Lula da Silva for questioning. The note was leaked to the “media”, and thus “the media” took pictures of Lula as if he was in prison,” the UN statement said.

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The victory of the former president in this lawsuit before the United Nations does not change his current status without any judicial convictions against him, but it has strong symbolism and could help him in the upcoming presidential campaign as the former governor has always asserted that he is innocent. who was a victim of legal persecution.

Lula da Silva leads all opinion polls on the Brazilian presidential elections to be held next October, with more than 40% of voting intentions.

Moro, who left the judiciary in 2018 to take over the Ministry of Justice at the invitation of the current Brazilian president, Jair Bolsonaro, has quit the government and is serving as a politician.

The former judge even presented himself as a presidential candidate last year for Podemos. In recent weeks, however, he has said that running for president will depend on a decision made by his new political group, União Brasil, of which he has been a member since the end of March.

Perry Shepard

“Hardcore alcohol maven. Hipster-friendly analyst. Introvert. Devoted social media advocate.”

Perry Shepard

Perry Shepard

"Hardcore alcohol maven. Hipster-friendly analyst. Introvert. Devoted social media advocate."

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