Some press agencies informed today (08/10) that an investigation about the “Mensalão” was allegedly re-instituted against former President Luiz Inácio Lula da Silva. Nevertheless, such affirmation is not true.

It is important to clarify that the Criminal Action No. 470 [AP 470], which became known as “Mensalão” was judged by the Federal Supreme Court, which delivered an unappealable decision on 09/02/2014. Lula was not charged and, consequently, did not even become a defendant in such criminal action.

The Federal Attorney General who filed the complaint related to AP 470, Mr. Antônio Fernando de Souza, was heard by Judge Sérgio Moro in Criminal Proceeding No. 5046512-94.2016.4.04.7000 and confirmed that “there was no fact that could involve former President Lula” in the investigations that resulted in the so-called “Mensalão”.

The news makes reference to the Police Investigation No. 17757-70.20013.4.01.3400 that was instituted on 03/12/2013 and had the purpose of verifying the existence an alleged “loan of seven million dollars granted by the Portugal Telecom, intended to pay off the Workers’ Party’s debts”. Numerous measures were taken and they have never confirmed the suspicion that justified the institution of the police investigation, according to the police authority report.

The Federal Prosecutor that worked in the case agreed with the conclusions drawn by the police authority and requested the dismissal of the police investigation.

The judge of the 10th Federal Court of the Judicial District of Brasília, however, decided to deny the request for dismissal and to order the remittance of the case’s record to the 2nd Chamber of Coordination and Review of the Federal Attorney’s Office. One of the grounds of the decision stemmed from the judge’s own initiative, who obtained a news story from a blog ( archive.html) on 03/12/2016 and deemed necessary to verify the declarations provided there.

The 2nd Chamber of Coordination and Review of the Federal Attorney’s Office, in turn, in a trial conducted on 05/12/2016, accepted the grounds provided by the judge and appointed another Federal Prosecutor to proceed with the investigations.

Therefore, the news stories recently published are untruthful because (i) the investigation is not related to Criminal Action No. 470, that was known as “Mensalão”, already tried and in which Lula was never charged, and in this manner, never became a defendant, according to what the then Federal Attorney General Antônio Fernando de Souza confirmed to Judge Sérgio Moro; (ii) several measures have already been taken since 2013 and the police authority and the natural prosecutor of the case concluded that there is no circumstantial evidence of the commission of an unlawful act by Lula; and (iii) the decision that denied the dismissal is supported by weak grounds, for instance, the news story retrieved from a blog.

The supplementary procedural measures shall confirm the absence of any unlawful act committed by former President Lula, as it was previously verified by the police authority and by the natural prosecutor of the case.