The defense of Luiz Inácio Lula da Silva filed today (5/30) with the Federal Supreme Court a “Constitutional Complaint” in order to have access to the proceedings regarding the plea bargain agreements of José Adelmário Pinheiro Filho and Agenor Franklin Medeiros, from OAS.

Grounded on the Precedent 14 of the Supreme Court – which ensures the defense the access to the measures documented during the investigation and the proceeding – the attorneys seek to consider the details regarding such plea bargain agreements to ascertain if the benefits granted were possibly conditioned to the attempt of incriminating Lula.

Pinheiro and Medeiros acknowledged, during their testimonies given as defendants on 05/04/2017 before the 13th Federal Criminal Court, related to the criminal proceeding no. 5046512-94.2016.4.04.7000, that they were negotiating their plea bargain agreements with the Federal Attorney’s Office, but, at that opportunity, the defense was denied access to any additional information, and also to the measures previously documented.   

The Court of Curitiba has only further authorized the Prosecution to inform about the situation of the plea bargains, “in case any agreement has been signed and its content is not under seal ordered by a higher court”.

The motion filed clarifies the following: “It must be stressed, therefore, that it is necessary to learn about any changes made throughout the process involving the plea bargain agreements and yet about the benefits granted. It is also necessary to be able to ascertain whether the aforementioned process is legitimate or not. It is inadmissible that an unofficial informant, who is not under oath, be permanently heard by the prosecution body about an undisclosed issue”.

It is widely known that the OAS executives have been long trying to enter into plea bargain agreements. Several media outlets have already informed about the existence of a supposed conditioning imposed by the Federal Attorney’s Office of necessarily making reference to Lula for the agreements to be signed.  The requests for investigations filed with the Office of the Federal Attorney General with grounds on such material were summarily dismissed, reinforcing the defense’s urgency to have access to the entire process.   

The measure taken by the counsel today has been previously admitted by the Supreme Court at other opportunities, such as MOTION no. 5.700/DF and Complaint 23.396.

Cristiano Zanin Martins and Valeska Teixeira Martins