The most recent decision rendered by Judge Sérgio Moro today (08/01/2017), accepting the complaint filed by the Federal Attorney’s Office on 05/22/2017 against former President Luiz Inácio Lula da Silva, represents yet another violation of the Rule of Law committed by the aforementioned public official, because:
1 – the decision was rendered by an expressly biased Judge who, last Sunday (07/30), gave an interview to the press and specifically discussed Lula’s case, something that in itself should prompt the acknowledgement of such bias according to the settled case law of the courts regarding the issue; Judge Sergio Moro’s display of willingness is incompatible with the impartiality and impersonality that his position requires;
2 – he refers to contracts signed between Petrobras and building contractors aiming at imposing the jurisdiction over the case, even the contracts that didn’t provide any benefit to Lula, as the judge himself already acknowledged in a judgment (Criminal Proceeding no. 5046512-94.2016.4.04.7000);
3 – once more he refers to the concept of “de facto ownership”, although the countryside house mentioned in the complaint is owned by known third parties listed in the property’s registration, who proved they used their own legal funds to purchase the real estate, and further, that they provide for its maintenance.
4 – again, he does not point out an act supposedly committed by Lula during his term in office as President in order to ground the accusations made in the complaint; Moro accepts another extravagant complaint against Lula only by reason of the position of President he has once occupied.
5 – the “lawfare” practiced by Judge Moro and the Car Wash prosecutors against Lula, and the inefficacy of the internal appeal system in remedying the gross violations of the former President’s fundamental guarantees, is a matter of concern to the national and international legal community, and also grounded a communication filed with the UN Human Rights Committee, which has been accepted in a first phase of the process.
Cristiano Zanin Martins