Evidence that reinforces innocence must be analyzed by the Courts at any stage of the criminal proceeding, even after the decision becomes final, through an action to vacate an unappealable criminal conviction. The violation of this guarantee proves the unlawful nature of the proceeding and the bias of the Judge of Curitiba, who today rendered a decision denying the defense’s request to attach new testimonies to Criminal Proceeding No. 5046512-94.2016.4.04.70000 that remove former President Luiz Inacio Lula da Silva from the illegal activities practiced by some Petrobras officers. Thus dismantling the charges that say the three-story apartment in Guaruja was given to Lula as compensation for his alleged mediation regarding 3 contracts signed between Petrobras and OAS.
Therefore, the fact that the proceeding awaits decision does not provide grounds for the Judge’s denial. Neither could he deny the new testimonies alleging that “they are not relevant to this judgment,” prejudging the case once again.
The defense filed the closing arguments on 06.20 proving Lula’s innocence. The former President did not receive any direct or indirect advantage of any amount deriving from said contracts and never received the ownership or possession of apartment 164-A, Condominium Solaris. Apart from being mortgaged, 100% of the economic and financial rights of the property were assigned as security for an issuance of bonds transaction by OAS and endorsed by a fund managed by Caixa Econômica Federal.
The evidence does not apply exclusively to the Judge of Curitiba, but to the proceeding, which will also be analyzed by the appellate courts.
Cristiano Zanin Martins and Valeska Teixeira Martins