Brazil’s federal supreme court ruled on Tuesday that former judge Sergio Moro was biased in the way he oversaw the corruption trial against former president Luiz Inácio Lula da Silva, justifying the left-wing politician, who long claimed it was a political prosecution. used to be.
The decision further casts a shadow on Moro’s reputation and the Lava Jato research he led for years. Moro condemned hundreds of business and political leaders, reportedly with impunity, and became one of Brazil’s best known public figures. Some called him a hero, while others accused him of being a fanatic.
“In this case, what is being discussed is something that is of crucial importance to me: everyone has the right to a fair trial, due legal process and impartiality of the judge,” said Judge Carmen Lucía, who cast the vote to break the sift. .
Leaked messages published by The Intercept Brasil in 2019 showed an apparent collusion between Moro and the prosecutors of the Lava Jato investigation during the trial that eventually sent Lula to prison for corruption and money laundering. His conviction on appeal prevented him from entering the 2018 presidential election, in accordance with the rules of Brazil’s Clean Record Law, and paved the way for lawmaker Jair Bolsonaro to win. Moro became Bolsonaro’s Minister of Justice.
Tuesday’s ruling follows a separate decision by Judge Edson Fachin on March 8 to overturn the two convictions against Lula, on the grounds that he has been tried in a court without due jurisdiction, and found that he could return. to be subject to trial in a federal court in the capital Brasilia.
Lula’s lawyers, Cristiano Zanin Martins and Valeska Martins, said in a statement that the decision was “historic and revived.”
“We show that Moro never acted as a judge, but as a personal and political opponent of former President Lula,” said the lawyers. “ We have dealt with all kinds of wrongdoing with Lava Jato, some of which are described in the ruling acknowledging the former judge’s bias, such as illegally monitoring our phones so that members of the investigation could monitor our defense strategy in real time . . “
While the decision a few weeks ago paved the way for Lula to face Bolsonaro in the 2022 presidential election, it was also interpreted by legal experts as a means of avoiding a ruling on Moro’s biased allegations and thus the Beliefs and Credibility of the Lava Jato Research. However, another judge called for a vote on the pending issue.
With a vote of 3 to 2 against, the judges on Tuesday banned the use of the evidence gathered in the Lava Jato investigation into Lula’s alleged ownership of a triplex in the coastal city of Guaruja from being used in future lawsuits. The judges did not decide whether the previously collected evidence could be used in the retrial of Lula’s other conviction, or in his two other unsolved criminal cases.
Michael Mohallem, coordinator of the Getulio Vargas Foundation Justice Center, said the ruling returns to the starting point of any corruption lawsuit against Lula, and confirms his candidacy for the 2022 elections. But it also offers a ray of hope for others who do. done. put in prison.
Lula will be able to say he was tried by a judge who wanted to find him guilty. This is very valuable for the political campaign, ”added Mohallem. “The fear is that many inmates will file appeals to have their sentences annulled. The ruling opens that discussion, ”he said.