RIO DE JANEIRO (AP) – The Federal Supreme Court ruled on Tuesday that ex-judge Sergio Moro was biased in the way he oversaw the corruption trial of ex-president Luiz Inácio Lula da Silva, justifying the longtime leftist leader demands political persecution.
The decision further obscures Moro’s reputation and the extensive Car Wash corruption investigation that he chaired for years. He condemned hundreds of business and political leaders who previously believed they were unpunished and became one of the most well-known public figures in Brazil. Some hailed him as a hero, while others accused him of being a fanatic.
“In this case, what is under discussion is something that is fundamental to me: everyone has the right to a fair trial, due legal process and the impartiality of the judge,” said Minister Carmen Lúcia, who gave the casting vote.
Leaked messages published by The Intercept Brasil in 2019 showed apparent collusion between prosecutors Moro and Car Wash during the process that ended up arresting Lula for corruption and money laundering. His conviction on the appeal kept him out of the 2018 presidential elections, according to the rules of Brazil’s Clean Slate Law, and allowed lawmaker Jair Bolsonaro to cross for the win. Moro quickly became Bolsonaro’s minister of justice.
Tuesday’s decision follows a separate decision by Minister Edson Fachin on March 8 to overturn Lula’s two convictions, on the grounds that he was tried in a court without proper jurisdiction, and establishing that he could be tried again in a federal court in the capital Brasília.
Da Silva’s lawyers, Cristiano Zanin Martins and Valeska Martins, said in a statement that the decision was “historic and invigorating”.
“We proved that Moro never acted as a judge, but as a personal and political opponent of former President Lula,” they said. Da Silva is universally known as Lula in Brazil. “We suffered all kinds of illegality in Lava Jato, some of which were described in the decision that recognized the prejudice of the former judge, such as the illegal monitoring of our phones so that investigators could follow the defense strategy in real time. “
Although the decision earlier this month paved the way for Lula to face Bolsonaro in the 2022 elections, it was also interpreted by legal experts as a means of avoiding a decision on Moro’s bias allegations, thereby preserving Car’s convictions and credibility Wash. Another judge asked for a vote on the pending matter anyway.
With the decision of 3 to 2 on Tuesday, the judges forbade the evidence collected in the Lava Jato investigation of Lula’s alleged property in a triplex in the coastal city of Guarujá to be used in any eventual trial. The judges have not decided whether the evidence previously collected could be used to repeat Lula’s other conviction, or in his other two unresolved criminal cases.
Michael Mohallem, coordinator of the Justice Center of the Getulio Vargas Foundation, said the decision brings any corruption process against Lula back to square one and solidifies his 2022 candidacy. But it also offers a glimpse of hope for others who have been arrested.
“Lula will be able to say that he was chased by a judge who wanted to convict him. For the political campaign, this is very valuable, ”added Mohallem. “The fear is that many prisoners will file lawsuits to overturn their sentences. The decision opens this discussion. “