Brazil: “While Lula is in prison there is no democracy in Brazil”

(THIS ARTICLE IS COURTESY OF BRAZIL’S 247 NEWS)

 

Celso Amorim: “While Lula is in prison there is no democracy in Brazil”

“Sovereignty today is popular sovereignty, which implies democracy. Democracy today in Brazil has a main name: Lula. While Lula is in prison there is no democracy in Brazil. So that we can return to a rational discourse and debate in the country, Lula Livre! “emphasized former minister Celso Amorim

247 – In an interview with the Tutaméia website, former Minister Celso Amorim, ambassador, Minister of Foreign Affairs of Lula and of Dilma Defense, analyzed the current national and international political conjuncture. Amorim countered the Jair Bolsonaro government’s speech on sovereignty and stressed that “sovereignty and democracy are inseparable.”

“Sovereignty today is popular sovereignty, which implies democracy. Democracy today in Brazil has a main name: Lula. While Lula is in prison there is no democracy in Brazil. So that we can return to a rational discourse and debate in the country, Lula Livre! “emphasized the former minister.

Regarding the international crisis generated by the burning of the Amazon, Celso Amorim pointed out that “Amazonia is a national responsibility for a global problem” and that Bolsonaro has a false view of sovereignty when dealing with the issue,

“There is a misappropriation of the term sovereignty in the case of the Amazon. We cannot fall into the trap of accepting that the concept of sovereignty is used to justify improper actions, contrary to our own laws, our constitution and also international commitments that the country has made. ”He said.

Amorin said he was not in favor of international status for the Amazon, as Macron suggested, “but it was Bolsonaro who caused it by making the Amazon issue a worldwide scandal.” 

The former minister also repelled the Bolsonaro government’s subservience to US dictates. “What exists today is mental colonialism. Minds are busy. So it’s ideal. You don’t spend any bullets and even the uniforms of the Marines and dominate. Brazil has never had such an explicit subordination to the US.”

Check out the full interview in Tutaméia .

Meet the TV 247

Brazil: Lava Jato fears other sentences will be overturned, including Lula’s

(THIS ARTICLE IS COURTESY OF BRAZIL’S 247 NEWS)

 

Lava Jato fears other sentences will be overturned, including Lula’s conviction

The unpublished decision by the Supreme Court to overturn the sentence of former judge Sergio Moro who condemned former Petrobras president Aldemir Bendine caused panic to prosecutors of Operation Lava Jato. They say they view the measure with “immense concern” and fear that other convictions of the Operation, including Lula’s conviction, could also be overturned by the country’s Supreme Court.

(Photo: Felipe L. Gonçalves / Brasil247 | STF)

247 – The unpublished decision of the Supreme Court to overturn the sentence of former judge Sergio Moro who condemned former Petrobras president Aldemir Bendine caused panic to prosecutors of Operation Lava Jato. 

They say they view the measure with ‘grave concern’ and fear that other unjust condemnations made under the Operation would also be overturned by the country’s Supreme Court.  

In a report by journalist Felipe Bächtold , Folha de S.Paulo reports that the Lava Jato task force in Parana issued a statement saying “immense concern” with the decision of the Supreme Court. 

In the note, prosecutors state that precedent paves the way for overturning most convictions already issued in the operation. 

 The decision of the Second Class of the Supreme Court to overturn the conviction of former Petrobras President Aldemir Bendine was based on the argument that the defenses presented their final allegations within the same time frame, without distinguishing between whistle blowers and accused. “If the understanding is applied in the other cases of the Lava Jato operation, it could nullify practically all convictions, with the consequent prescription of several crimes and release of arrested defendants,” says the text released by prosecutors in Paraná.  

For now, the ruling of the Second Class holds only for Bendine’s sentence.   

Setting the same deadlines for whistle blowers and whistle blowers was a constant throughout the Lava Jato.  

In another case in Curitiba that already had a sentence in the lower court, that of the Atibaia (SP) site frequented by former President Lula, the presentation of the final allegations also occurred in this way, which has now been questioned.  

In November of last year, Judge Gabriela Hardt set a “ten days for the defenses” to present these demonstrations, without distinguishing between whistle blowers and whistle blowers.  

The former president’s defense said he had seen similarities between Bendine’s case and Lula’s.

Brazil: Global lawyers ask for Lula Livre and say shocked by Brazil’s breach of legality

(THIS ARTICLE IS COURTESY OF BRAZIL’S 247 NEWS)

 

Global lawyers ask for Lula Livre and say shocked by Brazil’s breach of legality

A group of 17 international jurists, among the most renowned in the world, issued a manifesto calling for the freedom of former President Lula, who was arrested last April to be barred from running and winning the 2018 presidential election. “We were shocked to see how the fundamental rules of the due Brazilian legal process were violated without any shame,” they also say in the text.

Former President Luiz Inacio Lula da Silva
Former President Luiz Inacio Lula da Silva (Photo: REUTERS / Ueslei Marcelino)

247 – The institutional coup that took place in Brazil, which began with the non-criminal overthrow of former President Dilma Rousseff and culminated in the imprisoned arrest of former President Lula, with the sole purpose of excluding him from the presidential race to paving the way for the neoliberal project and framing the country under the orbit of the White House, was the subject of a harsh manifesto signed by 17 of the world’s most respected jurists.

They say the revelations of the scandal of messages exchanged between prosecutor Deltan Dallagnol, coordinator of Operation Lava Jato, and Sergio Moro, who condemned Lula, “appalled all legal professionals,” according to a report by Mônica Bergamo in Folha. “We were shocked to see how the fundamental rules of the due Brazilian legal process were violated without any shame”, they also say in the text. “In a country where justice is the same for everyone, a judge cannot be both judge and party to a case.”

They follow: “Because of these illegal and immoral practices, Brazilian Justice is currently experiencing a serious credibility crisis within the international legal community.”

The lawyers who sign the manifesto are from countries such as France, Spain, Italy, Portugal, Belgium, Mexico, USA and Colombia.

Read the full article below and all signatories below

Lula was not tried, was the victim of political persecution

We, lawyers, jurists, former ministers of justice and former members of Supreme Courts of Justice from various countries, would like to call for consideration the judges of the Supreme Court and, more broadly, the public opinion of Brazil for the serious vices of the proceedings. filed against Lula.

The recent revelations by journalist Glenn Greenwald and staff at The Intercept news site, in partnership with Folha de Sao Paulo and El País newspapers, Veja magazine and other media, have appalled all legal professionals. We were shocked to see how the fundamental rules of Brazilian due process were violated without any shame. In a country where justice is the same for everyone, a judge cannot be both judge and party to proceedings.

Sérgio Moro not only conducted the process partially, he led the prosecution from the outset. He manipulated the mechanisms of the award, directed the work of the prosecutor, demanded the replacement of a prosecutor he was not satisfied with, and directed the prosecution’s communication strategy.

In addition, it placed Lula’s lawyers on the phone and decided not to comply with the decision of a judge who ordered Lula’s release, thus grossly violating the law.

Today, it is clear that Lula was not entitled to a fair trial. It should be noted that, according to Sergio Moro himself, he was convicted of “undetermined facts”. A businessman whose testimony gave rise to one of the former president’s convictions even admitted that he was forced to construct a narrative that would incriminate Lula under pressure from prosecutors. In fact, Lula has not been tried, was and is the victim of political persecution.

Because of these illegal and immoral practices, Brazilian justice is currently experiencing a serious credibility crisis within the international legal community.

It is indispensable that the judges of the Federal Supreme Court fully exercise their functions and are the guarantors of respect for the Constitution. At the same time, we expect the Brazilian authorities to take all necessary steps to identify those responsible for these very serious procedural deviations.

The fight against corruption is today an essential issue for all citizens of the world, as is the defense of democracy. However, in Lula’s case, not only was justice instrumentalized for political ends, but the rule of law was clearly disrespected in order to eliminate the former president from the political dispute.

There is no rule of law without due process of law. And there is no respect for due process when a judge is not impartial but acts as head of the prosecution. In order for the Brazilian judiciary to restore its credibility, the Federal Supreme Court has a duty to release Lula and nullify these convictions.

List of Signatories

Bruce Ackerman, Sterling Professor of Law and Political Science, Yale University

John Ackerman, Professor of Law and Political Science, National Autonomous University of Mexico

Susan Rose-Ackerman, Emeritus Professor Henry R. Luce of Jurisprudence, Yale University School of Law

Alfredo Beltrán, Former President of the Constitutional Court of Colombia

William Bourdon, lawyer registered with the Paris Bar

Pablo Cáceres, former president of the Colombian Supreme Court

Alberto Costa, Lawyer, Former Minister of Justice of Portugal

Herta Daubler-Gmelin, lawyer, former Minister of Justice of Germany

Luigi Ferrajoli, Professor Emeritus of Law, Rome Three University

Baltasar Garzón, lawyer registered with the Madrid Order

António Marinho e Pinto, lawyer, former president (president) of the Portuguese Bar Association

Christophe Marchand, lawyer registered with the Brussels Order

Jean-Pierre Mignard, lawyer registered with the Paris Bar

Eduardo Montealegre, former president of the Constitutional Court of Colombia

Philippe Texier, Former Judge, Honorary Counsel of the Court of Cassassan of France, Former President of the United Nations Economic and Social Council 

Diego Valadés, Former Judge of the Supreme Court of Justice of Mexico, Former Attorney General of the Republic

Gustavo Zafra, former ad hoc judge of the Inter-American Court of Human Rights

Brazil: Focus of political struggle should be the defense of sovereignty, says Lula

(THIS ARTICLE IS COURTESY OF BRAZIL’S 247 NEWS)

 

Focus of political struggle should be the defense of sovereignty, says Lula

“Raduan has synthesized very well what the president wants to be the watchword of all Brazilian Democrats: to fight with every possible means to defend national sovereignty, whether material, pre-salt, Embraer or humanistic. ”Said writer Fernando Morais, while reporting his meeting and writer Raduan Nassar with former president

Squid
Lula (Photo: Ricardo Stuckert)

By Henrique Nunes from PT News Agency

It must be acknowledged that an encounter between a biographer, a writer, and a popular leader held in political prison for a crime he never committed was unlikely to happen by chance. It must also be admitted that only someone of Luiz Inácio Lula da Silva ‘s greatness would motivate the visit of leading names in national culture such as biographer Fernando Morais and writer Raduan Nassar .

Both had already met the former president in the unfair prison, but separately. On Thursday (8), however, they joined the Federal Police headquarters with an even greater mission: to deliver to Lula the letter of representatives of the Association of Judges for Democracy (AJD) in defense of their immediate release and for the restoration of Brazilian democracy . .

With the literary verve that consecrated him, Morais philosophizes about the task received from the judges and judges who sign the document – written before the intimidating attempt to transfer Lulafrom Curitiba to São Paulo . “Lula was very touched by the letter. Nietzsche and Paulo Coelho said that there are no coincidences. Not by chance this letter was delivered by me and Raduan the next day of a new violence against Lula (…) We fulfill with great honor and joy the task that you ( juristsand judges ) gave us ”, explains the biographer, whose next The book will be precisely about Lula’s two political prisons in 1980 and the current one.

Known for his concise frank speech, Raduan went straight to the point: “I found the president extraordinarily determined to fight for Brazil’s sovereignty. Free squid ASAP! Lula is a politically arrested president and this is unbearable for all of us. ”

The struggle for national sovereignty, by the way, is one of Lula’s most avid wishes and has the unconditional support of Fernando Morais . “Raduan has synthesized very well what the president wants to be the watchword of all Brazilian Democrats: to fight with every possible means to defend national sovereignty, whether material, pre-salt , Embraer or humanistic. ”Reiterates the writer, for whom the support of jurists is the most perfect“ translation to Brazil of which there are judges and judges ”.

Brazil: Supreme court renewed expectation that Lula will have sentence overturned

(THIS ARTICLE IS COURTESY OF BRAZIL’S 247 NEWS)

 

Supreme court renewed expectation that Lula will have sentence overturned, says Zanin

Former President Lula’s lawyer, Cristiano Zanin Martins said the STF showed on Wednesday that it will observe due process and enforces the Constitution by barring the forced transfer of Lula to Sao Paulo; “This renews our expectation that former President Lula will be entitled to a fair, impartial and independent trial,” said Zanin.

247 – Lawyer Cristiano Zanin Martins stated that the ruling by the Supreme Court (STF) , by 10 votes to 1, which suspended the transfer of former President Luiz Inacio Lula da Silva from Curitiba to Sao Paulo signals that the Supreme Court should observe the I owe legal process when judging the suspicion of Sérgio Moro in the judgment against Lula. 

“Today, the Federal Supreme Court has shown that it will observe due process and enforce the Constitution and this renews our expectation that former President Lula will be entitled to a fair, impartial and independent trial,” the former lawyer said. president in a statement to reporters after the decision of the Supreme Court. 

“We hope that the Second Chamber of the Federal Supreme Court will be able to resume habeas corpus trial soon and, on merits, acknowledge the suspicion of former judge Sergio Moro. As a result, nullify the entire process and restore the full freedom of the former. President Lula, because this is the only possible result for someone who has not committed any offense, “said Cristiano Zanin. 

Read below, Reuters report on the STF decision:

Lula stays at PF in Curitiba at least until judgment of appeal by STF, decides Court

BRASILIA (Reuters) – Federal Supreme Court (STF) ministers overturned Wednesday afternoon court decision to transfer former President Luiz Inacio Lula da Silva from the Federal Police Superintendence in Curitiba to a prison facility in São Paulo until the court judges another appeal calling for the petista’s freedom – held since April last year.  

The decision of the STF, taken by 10 votes to 1, met the request of the defense of the former president, contrary to the determination of Judge Carolina Moura Lebbos who heeded the request of the PF of Curitiba to transfer Lula to São Paulo.

Following Lebbos’s ruling, São Paulo Judge Paulo Eduardo de Almeida Sorci had ruled that Lula, who is under arrest for the conviction in the case of the Guarujá (SP) triplex, should serve the remainder of his sentence at the Tremembé prison in the interior of São Paulo. .

The impasse over Lula’s transfer had strong repercussions in Brasilia, moving at least two Powers. It involved the Supreme Court, who put the case at the last minute for consideration by the court plenary, and even delayed the completion of the vote on the highlights of the second round of Social Security reform in the House of Representatives.

First, the defense of the petista appealed to Supreme Minister Gilmar Mendes – who has been since the end of last semester with a vote cast on a request for freedom of the former president.

In the middle of the afternoon, Mendes issued an order passing to the Supreme President, Dias Toffoli, the competence to decide who would appreciate the request of the defense of the former president who sought one of three ways: the freedom of Lula until the trial of the suspicion of the. former Lava Jato judge and Justice Minister Sergio Moro; the suspension of the transfer; or at least the determination that the rest of the prison be served in the staff room, not in a regular prison.

Returning from the break of the Supreme Plenary session, Toffoli then announced that the petitioner’s defense request would be reported by Edson Fachin, who is the original rapporteur of Lula’s freedom appeal. The case was then considered by the entire plenary, and Fachin’s vow to keep the former president in detention in the Curitiba Federal District prevailed until the Second Supreme Panel decided to dismiss Moro’s suspicions.

Of the 11 ministers, only Marco Aurélio Mello was against the Supreme Court to analyze the request, claiming that the jurisdiction would be the Federal Regional Court of the 4th Region (TRF-4).

Providence

The case involving Lula’s transfer also sparked reactions in Congress, including criticism from lawmakers who opposed the petista such as the PSDB, and in practice paralyzed the completion of the Social Security reform vote.

The biggest complaint was that Lula could not be transferred to a common prison by the prerogative of former president.

Mayor Rodrigo Maia (DEM-RJ), who even agreed with the criticism during the Social Security session, decided to hold back the vote of the highlights so that a group of deputies from various parties could meet with the president of Supreme to ask the court to adjudicate the case as soon as possible.

According to House Majority leader Aguinaldo Ribeiro (PP-PB), news about Lula’s transfer did not contaminate the vote on the Social Security reform in plenary. He admitted, however, that the delay in analyzing the second highlight of the proposal was due to Maia’s commitment to await the return of parliamentarians from the Supreme Court.

According to the first deputy mayor, Deputy Marcos Pereira (PRB-SP), more than 80 parliamentarians from 12 parties were part of the group that met with Toffoli.

“Everyone spoke in the name of democracy,” Pereira later reported.

Brazil: Celso de Mello says Bolsonaro violates Constitution and claims to be thinking about Lula case

(THIS ARTICLE IS COURTESY OF BRAZIL’S 247 NEWS)

 

Celso de Mello says Bolsonaro violates Constitution and claims to be thinking about Lula case

Dean of the Supreme Court, Minister Celso de Mello says that Jair Bolsonaro offended the separation of powers and transgressed the Brazilian constitution by reissuing the provisional measure on demarcation of land. He also claimed to be reflecting on the Lula case. “I have been studying a lot because it is an issue that concerns not only this specific case but the rights of the people in general,” he said.

247 – Dean of the Supreme Court, Minister Celso de Mello, gave an interview to journalist Rafael Moraes Moura, published in the Estado de S. Paulo newspaper, in which he spoke about the crimes committed by Jair Bolsonaro and also mentioned the case of the former president. Lula, who has been held as a political prisoner since April last year. 

“Respect for what is contained in the Constitution of the Republic is fundamental. This respect is the evidence, is the demonstration of the degree of civility of a people. At a time when the largest authorities of the country, such as the President of the Republic, disregard the Constitution, although there is a clear and express prohibition on the reissue of an interim measure expressly rejected by the National Congress, this is indeed unacceptable because it deeply offends a nuclear postulate of our constitutional system, which is the principle of separation of powers. absolutely no one is above the supreme authority of the Constitution of the Republic, “he said of the demarcation of land, which Bolsonaro attempted to transfer from Funai to Agriculture.

The dean also spoke on the case of former president Lula, who has pointed to the suspicion of former judge Sergio Moro in the case. “I’ve been studying a lot, because it’s a question that concerns not only this particular case, but the rights of the people in general. I still keep thinking, reflecting. I usually usually do a lot of research, read a lot, think a lot for then, from then on, definitively forming my conviction and composing my vote, “said the dean, who said he was” still in the process of reflection. ” 

TRF-4 accepts Lula’s request and orders PF to explain visit restrictions

(THIS ARTICLE IS COURTESY OF BRAZIL 247 NEWS)

 

TRF-4 accepts Lula’s request and orders PF to explain visit restrictions

Appeal filed by the defense of former President Lula was accepted by the TRF-4 and the Federal Public Prosecutor and the Federal Police have 48 hours to explain the restrictions imposed on visiting lawyers.

Conjur – The federal court partly accepted former President Lula’s request, given the new visiting rules for his lawyers. Nivaldo Brunoni, summoned judge of the Federal Regional Court of the 4th Region, ordered the Federal Public Prosecutor to provide the requested information within 48 hours. 

Until recently, Lula could meet with his lawyers daily from 9 am to 11:30 am in the morning, and from 2 pm to 5:30 pm in the afternoon, from Monday to Friday. But an internal Federal Police rule decreased contact to one hour a day. 

Lula’s defense, made by lawyers Cristiano Zanin and Valeska Teixeira, from Teixeira e Martins, called for the old scheme to be reinstated. However, the process is stalled, as the Federal Public Prosecutor’s Office requested a list of all Lula’s visitors in order to make an opinion. 

The attorneys filed an HC in the TRF-4 and the summoned judge then ordered the Federal Police to give the MPF the list within 48 hours. 

“I defend the injunction to order that the court of First Instance give impetus to the case within 48 hours, in order to urge the police authority to provide the information required by the Federal Prosecutor to later decide as it sees fit,” he said. the judge in the decision.

Lula writes to Felipe Santa Cruz: Brazil does not deserve Bolsonaro’s hatred

(THIS ARTICLE IS COURTESY OF BRAZIL’S 247 NEWS)

 

Lula writes to Felipe Santa Cruz: Brazil does not deserve Bolsonaro’s hatred

Former President Luiz Inacio Lula da Silva wrote, from his cell in Curitiba, a letter to OAB President Felipe Santa Cruz, a letter, on the morning of Tuesday; “Nothing can repair the sacrifice of your father, my dear Philip, nor the brutal offense that once again victimized him”; In the text, Lula states that “Brazil does not deserve to hear the words of hatred” by Bolsonaro

(Photo: Ricardo Stuckert and disclosure)

247 – Former President Luiz Inacio Lula da Silva wrote from his cell in Curitiba, a letter to President ds OAB, Felipe Santa Cruz, one letter on the morning of Tuesday; “Nothing can repair the sacrifice of your father, my dear Philip, nor the brutal offense that once again victimized him”; In the text, Lula states that “Brazil does not deserve to hear the words of hatred” by Bolsonaro.

Felipe Santa Cruz is the son of Fernando Santa Cruz, a member of the Popular Action (AP) group who disappeared during the military dictatorship and was assassinated by the Armed Forces in 1974, as attested in a secret Aeronautics document ( here ). Father and son have been the target of brutal attacks by Bolsonaro.

Lula’s letter, in an emotional tone, comes out in defense of Felipe, Fernando and all the people persecuted by the dictatorship: “It is as if they raped their father once again, and with him all the victims of the dictatorship.”

Read the full letter:

Letter from Lula to Felipe Santa Cruz, President of the Brazilian Bar Association

Brazil: Federal Court of Justice acquits Lula in case of Angola

(THIS ARTICLE IS COURTESY OF BRAZIL’S 247 NEWS)

 

Federal Court of Justice acquits Lula in case of Angola

In the decision, the magistrate pointed out “inept patent of the complaint” presented by MPC against Lula in the case about Odebrecht contracts in Angola

(Photo: Lula and the Holy Shroud (Photo: Ricardo Stuckert))

247 – Judge Vallisney de Oliveira of the 10th Federal Court of Brasilia acquitted former President Lula of the charges in the case of alleged aid to Odebrecht in Angola.

According to a report in the newspaper O Globo , Lula, his nephew Taiguara Rodrigues dos Santos and two other defendants were accused of criminal organization and money laundering in the alleged case involving R $ 20 million in contracts between Odebrecht and Exergia. Brazil, by Taiguara. 

To the magistrate, “it is evident the ineptitude of the complaint” because Lula “is far from these facts specifically, because he had no participation in signatures and contracts.” The judge also considered that there is evidence that the former president “did not perform or follow up the work, and the description of the offense and its circumstances are not adequately clear.”

However, Lula and two other defendants will still continue to respond to the lawsuit in other cases of laundering and accusations of corruption and influence peddling involving BNDES for works in Angola. In the same decision, the judge ordered the action against businessman Marcelo Odebrecht to be suspended, due to the award agreement that he signed with the Federal Prosecutor (MPF).

Brazil: Political prisoner, Lula runs nine kilometers a day

(THIS ARTICLE IS COURTESY OF BRAZIL’S 247 NEWS)

 

Political prisoner, Lula runs nine kilometers a day

Emir Sader, who visited him, used his social networks to comment on Lula’s physical disposition. According to him, it is impressive the number of exercises that makes the PT. “Lula is doing very well physically, running 9 kilometers a day on the treadmill”

(Photo: Guilherme Santos / Sul21)

From the magazine Fórum – Writer and political scientist Emir Sader visited former president Luiz Inacio Lula da Silva on Thursday (18) at the headquarters of the Federal Police, in Curitiba. Sader was accompanied by former Argentine President Eduardo Duhalde.

Emir Sader used his social networks to comment on Lula’s physical disposition. According to him, it is impressive the number of exercises that makes the PT. “Lula is doing very well physically, running 9 km a day on the treadmill.”

The former president of Brazil took advantage of the visit to send a message to the population. “Lula sees as an urgent need a more systematic response of popular movements. For him, this government gives us every day a new reason to mobilize us. Lula invited us to increase popular mobilization, “Sader said.