Former President Luiz Inácio Lula da Silva’s defense reaffirms what is stated in their closing arguments concerning Criminal Proceeding No. 5046512-94.2016.4.7000 and confirms the three-story apartment – and other units of Solaris Building in Guaruja, – was pledged by OAS Empreendimentos S/A as security for several financial transactions. Within these transactions, there is the fiduciary agreement – as page 239 of the closing arguments says – managed by Caixa, of which FGTS is the final beneficiary, in a transaction that involved the purchase of bonds by said fund. Therefore, FGTS has purchased OAS’s debt and one of the securities involved receivables which derived from a future sale of the three-story apartment.

The receivables assignment of said three-story apartment (apartment 164 A), and also other units of Solaris Building, occurred “in accordance with an amendment to the fiduciary agreement on receivables and rights over bank accounts”, which was signed on 10/19/2010. This document dismantles codefendant Léo Pinheiro’s version which says he allegedly transferred the three-story apartment’s ownership to the former President in 2009, whereas 1 year later OAS assigned the receivables to FGTS/Caixa.

Caixa Econômica Federal’s press release issued yesterday in no way conflicts with the defense’s closing arguments. It says “economic and financial rights of the three-story apartment in Guarujá do not belong to Caixa”. Our argument – thoroughly developed in the paper from said page 239 onwards – registers the assignment to the Fund. Caixa then confirms that FGTS purchased OAS Empreendimentos’ bonds, also saying that the transaction was secured “among others” by Solaris Building’s mortgage. The bank acknowledges that, besides the mortgage, OAS has pledged other securities, like the fiduciary agreement we documentarily proved in our closing arguments.      

Lastly, Caixa declares that “such security does not prevent the properties from being commercialized”. Actually, it is inherent to an assignment of receivables transaction that a sale occurs. What we said was: in order for Léo Pinheiro or OAS to declare that they have transferred the three-story apartment’s ownership to someone – by selling it, donating it, or any other kind of disposition – they would have to prove to have released the securities with Caixa. Also, when it comes to fiduciary agreements, the transaction would only be completed through a deposit in the amount of the property’s – and its improvements – value in a specific account designated in the contract signed between OAS and Caixa, with Planner’s participation as trustee.

Therefore, Lula doesn’t own, and has never owned, the “three-story apartment in Guarujá.”

Cristiano Zanin Martins, Valeska Teixeira Martins, and Roberto Teixeira