Judge Sérgio Moro acts as an enemy of the truth and against the international rules of jurisdiction when he makes inappropriate insinuations – from a technical and factual point of view – to the Regional Federal Court of the 4th Region regarding the Habeas Corpus 700003443063. There has been another clear attempt to intimidate Lula’s attorneys, through the interception of the internet browsing data of a law firm – on a par with the inconsiderate wiretaps the judge ordered to our firm’s main telephone extension line in 2016, in order to pry into the strategies of former President Lula’s defense.

The collection of facts proves that the information given by Judge Sérgio Moro to the Regional Federal Court of the 4th Region cannot be accepted due to:

1. At the end of the hearing yesterday (06/05), Judge Sérgio Moro informed the parties about the documents inserted in the record by the Federal Attorney’s Office;

2. Shortly after, the former President’s defense questioned the judge about these documents inserted by the Federal Attorney’s Office, and also whether there has been a previous notice about the insertion of such material to the record;

3. After consulting with the system and his assessor, Judge Sérgio Moro himself confirmed that the parties had not been notified regarding the insertion of the documents. For that reason, there has been the request by Lula’s defense for the postponement of the afternoon hearing, with the approval of the defense of other defendants for the same reason;

4. Judge Sérgio Moro has omitted all the aforementioned facts from the court, which can be confirmed by the others who were present at the time, indicating that (i) the defense of former President Lula has consulted with him if there had been a previous notice about the insertion of the new documents in the record; (ii) the judge himself confirmed the absence of notice after consulting the system and his assessor about it;

5. The judge’s denial to postpone the hearing was based on “judicial economy”, and not on the previous notice of the parties regarding the documents inserted in the record, since he was the one to certify that it did not happen;

6. Not only was the request for the postponement of the hearing based on information Judge Sérgio Moro has given himself, but also the criminal proceeding is established by formal acts. The acknowledgment of a court-ordered act, such as an insertion of documents in the record, only takes place with the formal act of notifying the parties, which only occurred on 06.05.2017;

7. Any previous access, besides this attorney not having it personally, is not legally valid as a notice. The Law that deals with the Electronic Process (Law no. 11,419/2006), in its Article 5, states that the notice shall be issued on the day in which the electronic consultation regarding the tenor of the notice is effective (notice opening) or, automatically, after the 10th (tenth) day of the electronic notice.

Sadly, Judge Sérgio Moro has once more resorted to arguments which do not have legal grounds in order to insult the defense of former President Lula. It is more unfortunate that once more he has been involved in the espionage of a law firm.

Cristiano Zanin Martins