The defense of former President Luiz Inácio Lula da Silva filed a motion today (6/6) challenging the information given by Judge Sérgio Moro to the Regional Federal Court of the 4th Region concerning the Habeas Corpus no.7000063443063.

The motion presented the dialogues that took place at the end of the hearing in the morning of 06/05, emphasizing the exact moment Lula’s defense was informed about the “several” testimonies given by informants of the Odebrecht Group that have been inserted in the record, which Judge Moro himself declared that there has not been previous notice as required by law. The defense stated: “Your Honor, you are informing us about it right now, I don’t know if there are new things.”

In order to dispel any doubts, the motion brings the transcript of the statements made by the defense, the Federal Attorney’s Office’s representative, and Judge Sérgio Moro, at the moment the issue was under discussion.

The audio of such discussion was made available to the Appellate Court, the material was recorded in an ostensive, legal manner, and the judge and everyone present were aware of it – in case the Appellate Judge Rapporteur believes it is relevant and in case the judge do not apologizes for his undue comments questioning the trustworthiness of the defense’s performance.

The motion also expressed the defense’s refusal to accept the internet browsing data espionage involving law firms, since such information is irrelevant to prove the necessary formal understanding of the procedural acts in accordance with Article 5 of the Law that deals with the Electronic Process (Law No. 11,419/2006).

The defense recalls in the motion that this was not the first time this happened, because Judge Sérgio Moro has already ordered the interception of our firm’s main telephone extension in March 2016, on clearly illegitimate grounds.

Cristiano Zanin Martins