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The Justice recognized the legality in the conferences that former president Luiz Inácio Lula da Silva gave to the contractors investigated in Operation Lava Lato. In addition, it also launched part of the values of the resources and assets that were blocked.
The decision, dated September 24, is from Judge Gabriela Hardt, of the 13th Federal Court of Curitiba, and refers to an appeal by the defense of former first lady Marisa Letícia on the release of half of the financial assets blocked.
“As for the other half in fact belonging to Luiz Inácio Lula da Silva, the blockade must be maintained, either because he decides to discuss his fate in these third-party embargoes, or because that same half may eventually be subject to security measures and / or or of future confiscation in other cases, considering the criminal proceedings underway and the criminal convictions against the former president, ”said the judge.
See the former president’s defense note at the end of the story.
In the reasoning for the decision, the judge cited that the Federal Police (PF) investigated the suspicion of illegality regarding securities received by Lula as lectures given by him.
Gabriela Hardt cited the conclusion of the PF, in December 2019, due to the high evidence of criminal practice in the hiring of lectures given by Lula.
Hardt also highlighted the manifestation of the Federal Public Ministry (MPF), which coincided with the final report of the Federal Police. on the absence of sufficient evidence to support the accusation, promoting the fact file.
“The justification for maintaining the blocking of the integrality of Lula’s financial assets was based on the suspicion of the practice of crimes that involved lectures given by the former president. However, the police authority concluded that there was no evidence in this regard, with which it agreed. MPF. For these reasons, the complete blocking of such securities is no longer allowed, ”he stated in the decision.
The judge also said that “it is true that there is no right to share the proceeds or proceeds of crime. However, as there is no evidence that the blocked securities have an illicit origin, their legality must be presumed, being necessary to protect the section that belongs to the ambassador “.
In this decision, the judge determined that Lula maintain ownership of some properties until a next decision, including: three apartments and a plot of land.
Also, she authorized the sale of two vehicles with a 50% deposit in a court account is he unlocking values.
- Lula’s defense has denied the request to unblock the patrimonial assets of Marisa Letícia
The decision is subject to appeal and therefore the values have not yet been made public.
The MPF has yet to appeal the decision.
The lawyer Cristiano Zanin, who defends former President Lula, said that he had proven long ago that the conferences that had been held were illegal, as well as the conferences given by other former presidents of the republic, including the United States.
“This decision is the recognition that Lava Jato transformed manifestly legal acts into illegal acts for five years, in a clear demonstration of the practice of lawfare, which is the strategic use of the law to reach opponents and opponents. He verified that the conferences had been held and are legal, even so, even today Lava Jato blocks Lula’s resources that they honestly gained with these conferences, ”the note says.
