In a decision regarding the first appeal of former President Lula da Silva in the case that convicted him of corruption, Judge Sergio Moro denied all requests made by the defense on Tuesday (18th) and compared Lula to the former speaker of the Lower House Eduardo Cunha (PMDB-RJ), currently jailed.
Moro once again refuted the defense’s claim that Lula never actually owned the triplex apartment in Guarujá (SP), which led to his conviction in the first instance to 9 years and 6 months in prison.
The judge compared Lula’s case to that of Cunha – since “he [Cunha] also stated, as an alibi, that he was not the holder of the accounts abroad that had received deposits of improper advantage.”
“In money-laundering cases, what matters is the reality of the facts according to the evidence, not mere appearance,” he wrote.
According to the judge, who denied omission, obscurity or contradiction in the decision, the questions brought by the lawyers “are not proper of motion for clarification”.
The case will still be tried by the Federal Regional Court in Porto Alegre.
In a statement, lawyer Cristiano Zanin Martins stated that Moro’s decision “reinforces Lula’s arbitrary condemnation.”
The defense lawyer says that the judge “forced his action” in the case by associating the supposed undue advantages to the Petrobras scheme and that once again shows “animosity” in Lula’s judgment.
To him, the comparison of former president Lula with Eduardo Cunha is “improper”, which would demonstrate “the lack of objective criteria” of the judge.