Due to insufficient evidence, TRF-1 files criminal action against Lula

Unanimously, Chamber IV of the Federal Regional Court of Region I decided to initiate a criminal action filed by the Federal Public Ministry that accused former President Lula of acting with the BNDES to favor Odebrecht in loans for works in Angola. According to the complaint, the construction company would have paid the sums involved in the scheme up to R $ 30 million.

When analyzing the HC filed by the defense of the PT, the rapporteur of the case, Judge Néviton Guedes, indicated that there was not “sufficient evidence” to proceed with the action. In June, the TRF-1 had already decided to close the criminal action in relation to Lula’s nephew, Taiguara dos Santos, who was accused by the MPF of being the mediator in the receipt of bribes.

On a note, the attorney Christian Zanin Martins He celebrated the decision and pointed out the partiality of the Federal Justice of Paraná. Read below in full:

The Federal Regional Court of the 1st. Region (TRF-1) delivered today (09/01/2020) another fair and important decision by unanimously accepting our Habeas Corpus and determining the closure of criminal action No. 0016093-96.2016.4.01.3400 (Janus 1) in relation to to former President Luiz Inácio Lula da Silva. It is the fifth. Proposed criminal action against Lula rejected by Justice so far.

The TRF-1 decided, in line with what was stated in the HC, that the Public Ministry of the Federation made a precarious accusation, without any minimum probative support and without even specifying the conduct attributed to Lula. In this process, Lula was accused of receiving an undue advantage from Odebrecht through Mr. Taiguara Rodrigues and through conferences that were proven.

Whenever he was tried by an impartial and independent body, outside the Curitiba lava flow, Lula was acquitted or the charge was summarily rejected, in line with the defense we present in favor of the former president, as observed in the following cases:

1) “Quadrilhão” case: 12th Federal Criminal Court of Brasilia – Case No. 1026137-89.20184.01.3400 – former President Lula was briefly acquitted and the decision became final (res judicata);

2) Case “Obstruction of justice” (Delcídio do Amaral) – Tenth Federal Criminal Court of Brasilia – Case No. 0042543-76.2016.4.01.3400 (42543-76.2016.4.01.3400) – former President Lula was acquitted by ruling that it became final (res judicata);

3) “Frei Chico” case: 7th Federal Criminal Court of São Paulo – Consultation No. 0008455-20.2017.4.03.6181 – rejection of the complaint in relation to former President Lula confirmed by the 3rd Federal Regional Court. Region;

4) Case of “Invasion of the Triplex”: 6th Federal Criminal Court of Santos – Query No. 50002161-75.2020.4.03.6104 – Complaint rejected in relation to former President Lula.

Finally, we note our expectation that the Federal Supreme Court will accommodate the two habeas corpus that are processed before that Court and that request the annulment of the processes opened against Lula by Lava Jato de Curitiba due to the suspicion of former judge Sergio Moro and the prosecutors led by Deltan Dallagnol, so that the former president has the right to a fair and impartial trial also in relation to these cases.

0016093-96.2016.4.01.3400