Regional Court of the 4th Region sent on Thursday the Superior Court of Justice the appeal presented by the defense of former President Luiz Inacio Lula da Silva in the case of the Guarujá triplet, which led to the conviction of 12 years and a month in prison . In the special appeal, the lawyers argue that the instance safety decisions are against federal laws.
In the special appeal, the lawyers say that the existence of a corruption pact, of which Lula is accused of being the principal, is based only on the allegations of two OAS leaders – José Aldemário Pinheiro Filho, better known as Léo Pinheiro, and Agenor Medeiros – also defendants in the process, who decided to accuse the former president after being convicted and to have told the Office of the Attorney General that there was no participation in illegal acts. They also say that the triplet was a benefit given in exchange for a scheme supported by the appointment of directors of Petrobras and that this appointment is not between the attributions of the president of the Republic, but of the board of directors of the state, and that there was no act of Lula’s office in relation to appointments.
Lula’s defense further claims that the 13th Federal Court of Curitiba should not have tried the case, since all the facts reported occurred in São Paulo and Rio de Janeiro, and that there is no bond linking the construction of the Solaris Building , where is the triplet attributed to Lula, the deviations in Petrobras. It cites a decision of the Federal Supreme Court, which ruled that the Federal Court of Curitiba should be responsible only for frauds and deviations linked to the state and again claim that Judge Sergio Moro was already willing to condemn the former president even before offering the complaint by the Federal Public Ministry.
In the appeal, the lawyers also affirm that the testimony of the defendant Léo Pinheiro overcame that of 73 witnesses who did not confirm the thesis of the accusation and that statements of the defendants or informants can not serve as decisive element in a conviction, since they are not required to formal commitment to speak the truth. They also say that Léo Pinheiro has become an “informador informador” in search of benefits of Justice.
In the document, the defense says that in the case of the triplet a “virtual corruption”, since there was no transfer of the property to Lula or his family, who also did not take possession, and that the penalty was increased solely to avoid the prescription of the allegedly in 2009 – a year in which the triplet was reserved for Lula, according to Léo Pinheiro.
Lawyers also say that the fine imposed on Lula, which exceeds R $ 1 million, was exaggerated and exceeds all his income in 2016. They also complain about the amount of compensation for damages, saying that the former president was assigned the obligation to reimburse in full, all the amount of bribes that the contractor had allegedly paid to the PT, and that, in addition, the payment was conditioned to any possibility of progression of penalty.