As former President Luiz Inácio Lula da Silva’s attorneys, we make the following comments on the interview that Federal Police Chief Mauricio Moscardi Grillo – Operation Car Wash coordinator in the Federal Police – granted to Veja Magazine (Da Prisão de Lula, “Lula’s Arrest”, of January 14th, 2017):
1- The disclosure of information - by the press - regarding the events that occurred in the department constitutes a disciplinary transgression according to the law regulating the legal regime of Federal police officers (Law No. 4,878/65, Article 43, II). In addition, the way Federal Police Chief Mauricio Moscardi Grillo addresses former President Lula is not compatible with the Code of Ethics approved by the Federal Police (Resolution No. 004-SCP/DPF, March 26, 2015, Article 6, II) and with the protection against defamation (criminal offense) of citizens in general, guaranteed by the Federal Constitution and other legislation. Therefore, it will be subject to the appropriate legal measures.
2- On the other hand, he was precise about Operation Car Wash using a sense of opportunity or “timing”, making it clear that the nature of the operation regarding former President Lula is innately political.
It is “lawfare” – using the law and legal procedures for political persecution – which has been repeatedly exposed by Lula’s defense, and now confirmed, indirectly, by the Operation Car Wash coordinator in the Federal Police.
3 – If Lula had committed any crime, the Federal Police, after conducting an unprecedented investigation of criminal acts, would have substantial and concrete evidence to confirm the violation and support its legal consequences.
The same audios and elements that Operation Car Wash had in March of 2016 are available on this present date and they do not reveal any crime. But, according to Federal Police Chief Mauricio Moscardi Grillo, Operation Car Wash uses a sense of opportunity or “timing” with former President Lula.
4- The wire-tapping of the phone conversation between former President Lula and Rousseff by Operation Car Wash on March 16th of 2016 was ruled unconstitutional and illegal by the Federal Supreme Court. Federal Police Chief Mauricio Moscardi Grillo and Operation Car Wash violate the decision of the Supreme Court and display contempt for the Democratic State ruled by law when they irrespectively make allegations on this material. Moreover, Federal Police Chief Operation Car Wash coordinator should explain the reason for making such telephone conversation recordings after receiving a court’s decision to stop the wire-tapping, as well as the technology that was used, allowing the disclosure of this material’s contents in less than two hours after intercepted, taking account of news of informal – and, thus, illegal – cooperation of other countries’ officials in Brazil. The disclosure of this telephone conversation in less than two hours after its interception – besides violating the law (Law No 9,296/96, Article 8. combined with with Article 10) – does not fit the Brazilian technical standards for similar situations.
5- The issuance of a bench warrant ordering Lula to testify at the Congonhas Airport constitutes abuse of authority (Law No. 4,898/65, Article 3, subitem “a”), as it violated the former President’s freedom of movement and personal freedom in ways not authorized by laws. Consequently, we filed a complaint with the Office of the Federal Attorney General for necessary measures and, in view of this inaction, which was documented in a notarial act, we filed a secondary complaint, which is pending before the Regional Federal Appellate Court of the 4th Region. The topic was also addressed in the Communication we filed with the United Nations Human Rights Committee (UNHRC) in July. Therefore, Federal Police Chief Mauricio Moscardi Grillo should reconsider not only the location where Lula’s bench warrant was executed, but, above all, the unconstitutionality and unlawfulness of the act. Additionally, it is worth mentioning that, at Congonhas Airport - where Lula was taken to - the walls are made of glass and the security is poor, thus posing a risk to the physical integrity of former President Lula, his employees, lawyers, and public officials - a fact that is not justifiable by any means.
6- By considering the actions and measures of Lula’s defense as acts intended to “cause a turmoil into Operation Car Wash”, Federal Police Chief Mauricio Moscardi Grillo and Operation Car Wash display contempt for the right of defense and place themselves above the law, as if they were not liable for the abuses and illegal acts targeting former President Lula that have been performed in the course of the operation. In addition, it must be investigated if the people who performed acts unrelated to their public positions or committed abuse of authority are receiving the aid of “Federal attorneys” – paid by society – as Mauricio Moscardi Grillo discloses in his interview.
Cristiano Zanin Martins and Roberto Teixeira