We are absolutely astonished at the news of a decision the judge of the 10 th Federal Court of
Brasília rendered forbidding former President Luiz Inácio Lula da Silva from leaving the
country and ordering his passport to be seized.
His decision was rendered on the grounds of a procedure that is not under his jurisdiction –
the appeal concerning the so-called triplex case, which was judged by the Regional Federal
Appellate Court of the 4 th Region (TRF4) yesterday.
Said Appellate Court had been informed of his trip and didn’t impose any restriction.
Former President Lula’s right to come and go is guaranteed by the Federal Constitution
(Article 5, XV) and a person can only be denied such right in case of a final and unappealable
judgment of conviction, something which hasn’t happened and we believe it won’t happen
because he didn’t commit any crime.
Brazil has presented its defense before the UN Human Rights Committee claiming that there
is no restriction on the former President’s rights to travel abroad.
Lula has been invited by the African Union to attend a meeting with world leaders in order to
balance a meeting held five years ago where they discussed the hunger issue in Africa. He had
already informed the Courts that he would return on 01/29.
Former President Lula’s passport will be handed to the Federal Police tomorrow, without any
harm to the possible measures we can take in order to remedy such inappropriate restriction
on his right to come and go.
Cristiano Zanin Martins