Brazil judge reiterates order to release Lula from prison

webfact · July 8, 2018

Brazil judge reiterates order to release Lula from prison

By Eduardo Simões and Lisandra Paraguassu

FILE PHOTO: Former Brazilian President Luiz Inacio Lula da Silva speaks at his book launch event in Sao Paulo, Brazil March 16, 2018. REUTERS/Paulo Whitaker/File Photo

SAO PAULO/BRASILIA (Reuters) - Appeals court Judge Rogerio Favreto ordered for a third time on Sunday that former Brazilian President Luiz Inácio Lula da Silva be freed from prison.

But it was unclear whether authorities would effectively carry out the ruling to release the popular former president as Favreto's decision may spark a conflict of jurisdiction.

Earlier in the day, Brazilian Judge Sergio Moro stymied the judge's effort to release the jailed former president, highlighting the legal battle around the country's most popular politician ahead of this year's presidential election.

Moro, who sent Lula to prison in April for a bribery conviction, said the appeals court judge lacked authority to issue an order freeing him for campaigning in the run-up to the October vote.

Polls suggest the leftist icon could win a third term, but Brazilian electoral law forbids politicians from running for office within eight years of being found guilty of a crime.

Still, an electoral court may not issue a final ruling barring Lula from the presidential race until next month. Sunday's legal back-and-forth may encourage supporters holding out hope that he can still return to unite Brazil's left.

Appeals court judge Favreto, who served in the Justice Ministry under Lula and was appointed by his handpicked successor, said in his original order that for now the former president should have the same conditions to campaign as other candidates.

However, Moro said the chief justice on the appeals court instructed him not to free Lula immediately. Soon thereafter, another appellate judge responsible for the former president's case issued a decision that he should not be released.

The former president is serving time for taking bribes from an engineering firm in return for help landing contracts with a state firm. He faces another six trials for other corruption allegations. Lula has denied all wrongdoing.

In polling scenarios including Lula in the race, he wins more than twice the support of his nearest challenger. When he is left out, a third of respondents say they would spoil their ballots or leave them blank.

That has made it harder for leftist candidates such as former Ceara Governor Ciro Gomes to build momentum in a highly fragmented field.

Support for former Sao Paulo Mayor Fernando Haddad would more than triple with Lula's backing, lifting him to second in the race, according to a survey last month.

(Reporting by Eduardo Simoes in Sao Paulo and Lisandra Paraguassu in Brasilia; Additional reporting by Ana Mano in Sao Paulo and Ricardo Brito in Brasilia; Writing by Brad Haynes; Editing by Lisa Shumaker and James Dalgleish)

geriatrickid · July 9, 2018

Appeals court judge Favreto, who served in the Justice Ministry under Lula and was appointed by his handpicked successor, said in his original order that for now the former president should have the same conditions to campaign as other candidates.

This judge is in a conflict of interest and should have recused himself. On that basis alone, his order cannot stand.

However, the reality is that the man is in jail because of his greed and corruption. He had a fair and open trial. It was subject to observation from third party jurists and the proceedings were transparent. What Favreto wishes to do is wrong.

Srikcir · July 9, 2018

5 hours ago, webfact said:

for now the former president should have the same conditions to campaign as other candidates.

Except it wouldn't be under the same conditions to campaign as other candidates, none of who have been convicted with 8 years of the election. It's almost as if Appeals Court Judge Favreto is granting Lulu a pardon for his conviction for which Favreto clearly does not have the authority.

candide · July 9, 2018

7 hours ago, geriatrickid said:

Appeals court judge Favreto, who served in the Justice Ministry under Lula and was appointed by his handpicked successor, said in his original order that for now the former president should have the same conditions to campaign as other candidates.

This judge is in a conflict of interest and should have recused himself. On that basis alone, his order cannot stand.

However, the reality is that the man is in jail because of his greed and corruption. He had a fair and open trial. It was subject to observation from third party jurists and the proceedings were transparent. What Favreto wishes to do is wrong.

It's true that there may be a conflict of interest. It would also be interesting to know how the judges who convicted him have been appointed (I have no idea, but your comment raises an interesting issue.

His trial has been open, has it been fair? That can be discussed.

The Brazilian judiciary is not without some resemblance with the Thai judiciary. The whole political system is rotten and all parties are involved in corruption, but indictions seem to be rather selective and target mainly those who challenge the establishment.

It is a very complex subject, here is an entry point:

https://theconversation.com/presidential-corruption-verdict-shows-just-how-flawed-brazils-justice-system-is-90794

Srikcir · July 9, 2018

22 minutes ago, candide said:

It would also be interesting to know how the judges who convicted him have been appointed

Appointed judge in 1996.

How Brazil selects judges: https://www.loc.gov/law/help/legal-research-guide/brazil-legal.php

Looking at his judicial history nothing stands out as a corrupt or political judge:

In 1998 he attended a month long program at Harvard Law School dealing with criminal law and corruption.
A participant in 2007 in a U.S. sponsored three week program for potential leaders of other countries, the International Visitor Leadership Program .
In Fortune Magazine’s 2016 List of World’s Greatest Leaders, he was Number 13.
He was included in Time Magazine’s list of 100 of the world’s most influential people, also in 2016.
He was listed in 10th place in Bloomberg Business Week’s list of 50 most influential people in the world of finance.
Received Notre Dame Award in 2017 for his courageous efforts to preserve the “nation’s integrity through his steadfast, unbiased application of the law.”
Recipient for Person of the Year 2018 Award by the Brazilian-American Chamber of Commerce, Inc.
Judge Moro was the principal coordinator of a corruption case that resulted in the prosecution of 97 individuals.

candide · July 9, 2018

1 hour ago, Srikcir said:

Appointed judge in 1996.

How Brazil selects judges: https://www.loc.gov/law/help/legal-research-guide/brazil-legal.php

Looking at his judicial history nothing stands out as a corrupt or political judge:

In 1998 he attended a month long program at Harvard Law School dealing with criminal law and corruption.

A participant in 2007 in a U.S. sponsored three week program for potential leaders of other countries, the International Visitor Leadership Program .

In Fortune Magazine’s 2016 List of World’s Greatest Leaders, he was Number 13.

He was included in Time Magazine’s list of 100 of the world’s most influential people, also in 2016.

He was listed in 10th place in Bloomberg Business Week’s list of 50 most influential people in the world of finance.

Received Notre Dame Award in 2017 for his courageous efforts to preserve the “nation’s integrity through his steadfast, unbiased application of the law.”

Recipient for Person of the Year 2018 Award by the Brazilian-American Chamber of Commerce, Inc.

Judge Moro was the principal coordinator of a corruption case that resulted in the prosecution of 97 individuals.

He obviously has an outstanding CV and is probably not corrupt, there are rather some allegations of going against one party and not the other, i.e.

https://en.m.wikipedia.org/wiki/Sérgio_Moro

As I said there are some resemblances with Thailand (except that the army is not likely to step-in again). All politicians are likely to be corrupt, so the interesting question is rather why some of them are indicted and convicted and others are not. And with which event indiction (or no indiction) is synchronised.

In this respect it will be interested to follow-up what will happen in Temer's party case. I may be proven wrong but....

https://www.theguardian.com/world/2017/mar/15/brazil-corruption-investigation-list-politicians-michel-temer

https://www.reuters.com/article/us-brazil-corruption-temer/brazilian-president-temer-denies-reported-new-corruption-allegations-idUSKBN1HY25D