Former President Lula’s innocence was proved by the testimony of the 73 witnesses that were heard under oath in the three-story apartment case. The Federal Attorney’s Office acknowledged it doesn’t have any evidence to ground the accusations made against Lula as they call new witnesses.  

The defense showed that, in addition to the fact that the apartment doesn’t belong to Lula, its owner, the OAS, gave the property as security in several financial transactions, according to what the witnesses stated throughout the hearings.

Today’s decision contains factual errors, because all the addresses of the supplementary witnesses – even to clarify these financial transactions involving the apartment – are on a list that can be found in the last two pages of the petition filed on 05.11.

The decision also generates the incurable nullity of the proceeding as it denies the production of expert evidence “to establish who would be the owner of the apartment 164-A at the Solaris Condominium and also if the property was given as security in a financial transaction by the OAS Empreendimentos”.  If the Federal Attorney’s Office bring charges that leave material traces – even with no grounds for that – the production of expert evidence is mandatory (Code of Criminal Procedure, Article 158).

The necessary measures shall be taken in order to remove the illegalities present in such decision.

Cristiano Zanin Martins