As attorneys for former President Luiz Inácio Lula da Silva we requested today (09/01) the suspension of Criminal Proceeding No. 5063130-17.2016.4.04.7000/PR, which is pending before the 13th Criminal Court of Curitiba – in regard to the interrogations already scheduled for the coming days 03, 05 and 13 – as the Defense was not granted access to materials that were long made available to the Federal Attorney’s Office and that is being used in the prosecution against the former President.

Since 07/07/2017 the Defense of former President Lula requests the access to systems that were allegedly used by the company Odebrecht in the so-called “structured operations sector” – respectively, the “My Web Day” (accounting) and the “Drousys” (communication). The Federal Attorney’s Office initially claimed that “does not have access to the system used by the Odebrecht Group, called My Web Day, neither holds related copies” (event 829) and, afterward, contradictorily, that “ does not have a full copy of the system” (event 917).

Even though the judge of the case had even affirmed it was important to have “faith” in the aforementioned denials, on 08/23/2017 the Federal Attorney’s Office acknowledged it has access to the system “My Web Day” since 08/08/2017, however, it has not granted the Defense access to it. Furthermore, on 08/30/2017 – two business days previous to the interrogations – The Federal Attorney’s Office inserted in the case’s record a unilateral report containing a supposed analysis of a “forensic copy” of an alleged version of “Drousys”, but it hasn’t made the system available to the defense.

The proceeding becomes illegitimate whenever the defense doesn’t have the right to access the same material that the Federal Attorney’s Office uses to elaborate the prosecution.

Also on this date, it was filed a Motion against Document Forgery in relation to other documents inserted in the record on 08/30/2017 by the Federal Attorney’s Office and by Marcelo Odebrecht. In such procedure, it was also requested the suspension of the processing of the case until the assessment of the doubts regarding the authenticity of the presented material is concluded.

CRISTIANO ZANIN MARTINS

See the full pleading HERE. [Available only in Portuguese]