The denial of the Federal Supreme Court to grant former President Lula the petition for habeas corpus after most of the Justices in the Full Court expressed their opinions in favor of the interpretation of the presumption of innocence guarantee (Federal Constitution, Article 5, XVII), as it is defended in this constitutional action, violates the dignity of the human person and other fundamental guarantees. The defense will take all the applicable legal measures in order to avoid the early execution of the sentence imposed by the Regional Federal Court of the 4th Region, because in addition to not complying with the Federal Constitution, said decision that convicted Lula of corruption based on “unspecified acts” without any proof that he requested or received undue advantage is illegal. The conviction imposed on Lula goes against precedents established by Higher Courts as well as precedents set by International Courts of Human Rights both because it is based on the word of a co-defendant and because it is imposed in a criminal action marked by manifest nullities; in addition, said conviction is incompatible with the legal description of the crimes of which the former President is accused by the prosecution. This is why we firmly expect that said conviction will be overturned by a fair, impartial and independent body.

CRISTIANO ZANIN MARTINS AND VALESKA TEIXEIRA ZANIN MARTINS