The decision disclosed today (07/19) by the judge of the 13th Federal Criminal Court of Curitiba ordering that former President Luiz Inácio Lula da Silva’s assets be frozen is illegal and abusive. This decision is from 07/14, but it was kept in secret, without the possibility of access by the defense – who was only informed about it through the press, who once again had prior access to the decisions of that court. The initiative came from the Federal Attorney’s Office on 10/04/2016 and it was only now analyzed. Since then, the case was also kept secret. The defense will object to the decision.

Only by effectively proving that there is the risk of dissipation of assets can the provisional remedy for pecuniary damages be justified. The Federal Attorney’s Office did not prove that, but the court accepted the request resorting once again to mere speculation (“being possible that it was used to finance electoral campaigns and as a result, it was consumed”).

The court has stated that it was allegedly necessary to freeze the assets and values to guarantee that the award of “minimum damages” was complied with, which was calculated based on the percentage of contracts signed between the Consortiums CONPAR and RNEST/COONEST and PETROBRAS. Contradictorily, the measure was enforced one day after the judge himself acknowledged that Lula was not benefited from amounts that stemmed from contracts signed by Petrobras (Criminal Proceeding No. 5046512-94.2016.4.04.7000).

In practice, this decision makes all Lula’s assets and values unavailable to him, prejudicing his and his family’s subsistence. This is one more arbitrariness among many committed by the same judge against former President Lula.

Cristiano Zanin Martins
Valeska T. Martins