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The court ruled that the construction company OAS and the Cooperativa Habitacional dos Bancários (Bancoop) will reimburse the fees paid by the first lady Marisa Letícia in the purchase of the share of an apartment in Guarujá (SP), in the Solaris condominium, where the triplex that originated the house. The conviction that put former president Lula in prison and was annulled this month by decision of the STF minister, Edson Fachin.
The decision, taken on Wednesday (24), is from the Eighth Private Law Chamber of the São Paulo Court of Justice, which recognized that Lula’s wife, who died in 2017, renounced the purchase of the property and that there is no record that she or her family enjoyed the apartment.
Marisa acquired from Bancoop in 2005 a part of property 141 of the then Edifício Navia (named after Condomínio Solaris, when the work passed into the hands of OEA). He ended up giving up the purchase in November 2015, when he asked to return the amounts already paid.
“The evidence attached to these records does not provide the slightest possibility of affirming that the couple has received, at any time, the possession or ownership of a property in the conditions described in the initial piece. The legal issue, therefore, is very simple: If the plaintiff acquired rights to a property that was not delivered to her, she must receive in full the refund of the amounts paid, as several precedents of this Court, and specifically of this Sala ”, wrote the judge Mônica de Carvalho, rapporteur of the process.
The magistrate states that “there is no record in the file that, at any time, the plaintiff has received possession of the property or that it has been made available to her in her favor.”
By note, Lula’s defense stated that “the decision of the São Paulo Justice is another that recognizes facts indicated by Lula’s defense more than five years ago.
“The family invested in another property in the project and gave up its purchase, keeping a loan as a balance, and then gave up buying any property in the project and requested the return of these values, now recognized. The family never owned any apartment on the property and has just recognized the right to receive back the amounts they invested in the project, ”the note says.
On Twitter, the former president also commented on the decision.
The property was the subject of a complaint and sentence by Lava Jato against Lula, accused by the Public Ministry of Paraná of receiving the apartment as a bribe for contracts obtained with OAS in Petrobras. He was sentenced by the then judge Sergio Moro to 9 years and 6 months in prison; The former president was imprisoned between April 2018 and November 2019, when he was released after the Supreme Court decided that a convict can only be arrested after res judicata. (the end of appeals).
In the last 8, Supreme Minister Edson Fachin ordered the nullity of Lula’s convictions in the cases the triplex and the site of Atibaia (SP), issued by the 13th Federal Court of Federal Justice of Curitiba, responsible for Lava Jato.
The STF minister understood that the decisions could not have been made by the court responsible for the operation and determined that the cases be reopened by the Federal District Court.
Last Tuesday (23), the Second Panel of the Supreme Court considered that Moro was partial in the Guarujá triplex process.
Lava Jato dismissed clip that spoke of property
Lava Jato did not include in a complaint against Lula a dialogue captured in a telephone intervention that could give voice to the thesis of the politician that he was not involved with the triplex department in Guarujá.
Prosecutors from the Federal Public Ministry of Paraná discussed, on September 13, 2016, the inclusion of a ticket obtained through a telephone interception by Mariuza Marques, an employee of the OAS contractor, in charge of supervising the building.
“Guys, especially Deltan [Dallagnol, coordenador da Lava Jato]We must think carefully if we are going to use this dialogue from Mariuza, the object of the interception. The dialogue may fit with LULA’s thesis that he didn’t want the apartment. It could be bad for us, “wrote attorney Athayde Ribeiro Costa.
The dialogues, presented by Lula’s defense to the STF, were extracted from messages obtained through an attack by computer hackers, the target of Operation Spoofing.
Wanted, the MPF-PR said it did not recognize the authenticity of the messages, made in a group in the Telegram application. Regarding the dialogue, he says that he incriminates the former president without explaining, however, why the use of the clip was rejected in the complaint.
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