A petition for a writ of mandamus was filed today (07/20) before the Regional Federal Court of the Fourth Region to nullify the decision rendered by the judge of the 13th Federal Court of Curitiba. This court determined the sequestration and attachment of assets and amounts of former President Luiz Inacio Lula da Silva.
The following points were indicated in the petition for their unlawful nature: (i) the lack of standing of the request by the Federal Attorney’s Office for a provisional remedy seeking the restitution of “minimum damages” on the behalf of Petrobras, a government-controlled company with private shareholders – thus a legal entity governed by private law – as the situation does not fit the provisions of Article 142 of the Code of Criminal Procedure; (ii) the impossibility of the sequestration of Lula’s assets obtained from a lawful source and before the facts claimed by the prosecution; (iii) the inexistence of any concrete fact showing a risk of dissipation of his assets or any reasons for the need of a provisional remedy for pecuniary damages.
The petition requested an injunction is granted to stay the effects of the trial court’s decision at once, in order to avoid the freezing of Lula’s assets and amounts and acknowledge the unlawful nature of the challenged decision, with the eventual declaration of its nullity.
Cristiano Zanin Martins
Valeska Teixeira Martins