As former President Luiz Inácio Lula da Silva’s attorneys, today (08/21/2017) we filed a brief (“appellee’s brief”) in response to the appeal filed by the Federal Attorney’s Office in Case No. 5046512-94.2016.4.04.7000, which was pending before the 13th Federal Criminal Court of Curitiba.
In this brief, we reaffirmed that the Court of Curitiba lacked jurisdiction to preside over and decide the case. The very judge acknowledged in a decision rendered on 07/18/2017 that former President Lula did not receive any undue advantage stemming from contracts signed between Construtora OAS and Petrobras (“This judge has never stated, in his judgment or anywhere else, that the amounts Construtora OAS received from contracts signed with Petrobras were used to give undue advantages to the former President”).
Such brief also reaffirms that “Conviction cannot be based on mere rhetorical elaboration, fanciful fabrication, and unreasonable assumptions.”
The Defense also filed an appeal against the judgment that convicted Lula (on 07/31) and will file the appellant’s brief, which might reverse this decision, directly with the Regional Federal Appellate Court of the 4th Region (Code of Criminal Procedure, Article 600, Paragraph 4) upon notice.
Lula’s acquittal is the only possible outcome of an impartial and independent trial since the former President hasn’t committed any crime and, for this reason, the Federal Attorney’s Office couldn’t provide any evidence to support their charges.
Cristiano Zanin Martins
Valeska Teixeira Z. Martins
José Roberto Batochio
Read the full appellee’s brief in response to the appeal HERE.