Home Corruption Car Wash Lula da Silva Freedom Case: Legal insecurity characterizes Brazilian institutions

Lula da Silva Freedom Case: Legal insecurity characterizes Brazilian institutions

Judge Rogerio Favreto and former president Lula da Siva


Judicial rulings made on Sunday if whether or not former President Lula da Silva remained in prison caused perplexity in the international press. Vehicles such as “The New York Times,” “Le Monde,” Al Jazeera, Bloomberg and BBC highlighted the news about the legal battle that began with the decision of the clerk at the Federal Regional Court of the 4th Region to grant habeas corpus to the former president Lula da Silva, arrested since April at the Federal Police Superintendency in Curitiba.

The contradictory decisions to release or maintain Lula da Silva’s arrest show the extent to which the Brazilian judiciary is contaminated by party ideology. For a period of 12 hours, orders for release were issued, denied by another order to stay in the prison of the former president of the republic, convicted of corruption and money laundering. The Supreme Court did not accept arguments from the defense of Lula da Silva to keep him free after the conviction.

The fact follows other decisions of the same type that have freed José Dirceu, the second leader in the hierarchy of the Workers’ Party, also sentenced to more than 40 years in a lawsuit, while other criminal cases process in other courts against him. Dirceu’s release was ordered by Supreme Court justice Dias Toffoli, a former employee of the Workers’ Party when he was subordinate to Dirceu himself.

In the same direction, the Second Chamber of Supreme Court acquitted Senator Gleisi Hoffmann and her husband, a former planning minister, in a lawsuit that investigated Petrobras’ money for the senator’s political campaigns and her husband, both defeats in the elections.

Political corruption is pointed out as one of the main problems of the country, in several opinion polls. Still, magistrates and judges of the High Courts, appointed during the rule of Lula da Silva and his successor Dilma Rousseff, maintain their ideological and partisan loyalty above their commitment to justice.

Soon after the first decision of Judge Rogerio Favreto, a militant and committed to the Labor Party, of the court of appeal in the city of Porto Alegre, Judge Sergio Moro – who originally condemned Lula in July of 2017 – said that Favreto did not have the power to guarantee the liberation of the leftist. Moro is recognized throughout deters or the country as a national hero who has had the courage to face the Brazilian party system, which is similar to criminal organizations.

Judge Gebran Neto, a member of the same court of appeal as Favreto, followed Moro’s guidance by instructing federal police in a prison in the city of Curitiba to keep Lula behind bars. Favreto even tried twice on his attempt to favor the criminal Lula da Silva, but was silenced definitively by the president of the court of appeal of Porto Alegre that ratified the decision to keep the former president serving his sentence.

It is quite evident that organized crime keeps its allies in the Brazilian judicial system, constantly trying to conspire against the end of corruption. The second Supreme Court class guarantees a majority of its members advocates of crime and corruption. This situation not only threatens Brazil’s political stability, but is also an important indicator of legal uncertainty that away investors and investments in the Brazilian economy.