Tag Archives: Lawfare

Judicial warfare or Lawfare

By Oscar Laborde * from Pagina12

The constant persecution of ex-President Cristina Kirchner and the attempt to imprison Lula in Brazil are examples of a new tactic in the non-conventional war known as Lawfare.

The laws of our region have been adopted in recent years as the favoured mechanism to defeat popular governments and reviling the people running them, with the objective of replacing them in the government, imprisoning them or at least discrediting them cruelly. In this war there has been undue use of legal instruments for the purposes of political persecution, destruction of public image and disabling a political adversary. It combines apparently legal actions with wide press coverage to pressure the accused and those around them, including family members, in such a way that they are more vulnerable to the accusations without proof.

So what does Lawfare mean? The term describes “a mode of non-conventional war in which the law is used as a means to obtain a military objective” and is used in this sense in Unrestricted Warfare, a book from 1999 on military strategy. In 2001 the concept started to be used in places other than the U.S. armed forces after the publication of an article written by the Air Force General, Charles Dunlap of Duke Law School. The U.S. is one of the leading providers of assistance for the reform of the legal apparatus in Latin America and the U.S. Department of Justice has strengthened their ties with their equivalents in the region in recent years to combat corruption. One of the most important actions was the so-called “Bridges” project, which consisted of training courses for members of the judiciary of Brazil and other countries of the region. The star alumni is Judge Sergio Moro, behind the Lava Jato operation, who convicted Lula to nine years in prison.

This requires an obliging justice system and for the media to work in absolute agreement with the objective of breaking down the will of the people and politicians who take part in the attack, always propelled generously by the media and who then capitalize on the results of defeating, disqualifying and discrediting the usually left-wing representatives who confront the interests of big business

In recent years the judiciary in our countries has been converted into a powerful force where, almost without limits, destabilization and political persecution strategies are deployed, far from the republican principle of balance of powers. It is the only one which does not derive from the will of the people but rather from complex mechanisms of political designations and contests, added to the privileges which the other powers do not have. This allows them to operate politically under the institutional mantle. The one constant argument is corruption. Its base is that the State must be eliminated, appealing to the “good practices” of the private sector of efficiency and transparency, to displace the logic of the public, which is associated with the waste and mismanagement of politicians, to be replaced by apolitical technicians.

The activity of the mass media is more widely recognized and evident. In an outburst of unusual sincerity an editorial writer at Clarin characterized it as “war journalism”.

Politicians denounce corruption, the media echo it, politicians and media demanding swift justice, a mechanism of judicial power that discipline or exclude independent judges, who convict, without evidence and imprison without due process. This is what we are living under in Latin America. This is how Manuel Zelaya was ousted in Honduras, Fernando Lugo in Paraguay, Dilma Rousseff in Brazil and how the Vice-President of Ecuador, Jorge Glass and hundreds of supporters were imprisoned. This is to silence those representatives of the people by persecution and imprisonment who can intercede in their plan to undo the gains of recent years.

* Director Ideal-CTA. Parlasur representative.

Leaked video shows clear bias in Lava Jato prosecution

sergio-moro-lava-jato.jpg

Image: Sergio Moro from: Wikipedia

| By BRIAN MIER

Extramural Contributor at the Council on Hemispheric Affairs

As ex-president Luiz Inácio Lula da Silva continues his appeal against charges of bribery that revolve around the gift of a beachfront apartment which courts were unable to prove he either owned or set foot on a property to a series of graver corruption misdeeds that led to charges against important members of the neoliberal Partido da Social Democracia Brasileira (Brazilian Social Democrat Party, PSDB), which governed Brazil from 1994-2002, have been dismissed by the Brazilian judiciary.[i] During the past month, two of the PSDB’s most powerful politicians, Jose Serra and Aecio Neves, filed motions for dismissal of charges related to the misappropriation of millions of dollars of funds. On January 24, Federal Public Prosecutor Raquel Dodge requested that the Supreme Court dismiss corruption charges against Serra, PDSB’s 2010 presidential candidate, for receiving over $2 million in off-the-books campaign donations from JBS meat packing company, on grounds of the senator’s advanced age.[ii] On January 26, the Supreme Court dismissed Lava Jato related charges against Neves, PDSB’s 2014 presidential candidate, for receiving millions of dollars in bribes from Petrobras, the Brazilian national petroleum company. For Neves, this was one in a series of multi-million dollar charges which came in the wave of the anti-corruption Lavo Jato crusade, that have been dismissed since he was thrown out of, then reinstated to the Senate in 2017.[iii] [iv] [v]

The vast disparity in the due process observed between the Worker’s Party (Partido dos Trabalhadores, PT) and conservative opposition parties has raised serious doubts about the motives behind the Lava Jato investigation itself. Even the Brazilian Army stepped into the debate, recently posting an article on its web site accusing Judge Sergio Moro and his Lava Jato investigation team of destroying encryption codes to five computer hard drives seized from Brazilian construction company Odebrecht’s Swiss offices which reportedly contained the entire history of its bribes paid out to government officials.[vi] [vii] This evidence, the author said, would enable prosecutors to build a legitimate case against politicians who had been accused rather than having to rely exclusively on plea bargains, most of which have resulted in vastly reduced sentences and partial retention of assets for collaborators.[viii] Meanwhile, former Odebrecht lawyer Tacla Duran has accused the Lava Jato defense team of fabricating evidence and building a “sentence reduction selling industry”, an accusation which appears credible despite its biased source, due to the fact that the law firm of Sergio Moro’s wife has negotiated plea bargain deals with Moro and his team as part of the Lava Jato investigation.[ix] On February 16, as evidence continued to showing partisan bias and corruption within the Lava Jato investigation itself, a video surfaced in which Pedro Barusco, former Petrobras director, admits that he started collecting bribes in 1996, during the PDSB presidency of Fernando Henrique Cardoso , but that the Lava Jato prosecution team asked him to confess only to bribes received after Lula became president in 2003.

Pedro Barusco’s case is one of many that raises questions about how the plea bargains were negotiated by Sergio Moro’s prosecution team. Originally sentenced to 47 years, Barusco negotiated a plea bargain which lowered his sentence to 15, then, without serving a day of time, he was put under limited house arrest, which only requires him to be at home between 8 p.m. and 6 a.m.

The translated transcripts of the video read as follows:

Cristiano Zanin (Lula’s Defense Lawyer): You say here that you began to receive these undue advantages in 1997, correct?

Pedro Barusco: There may be a bit of imprecision in my statement, it could have been 1996, or 1998, but it was during this period.

Zanin: You also mentioned in your testimony today, that there is a spreadsheet that you created during the period in which you were negotiating your plea bargain deal with the public prosecutors. Correct?

Barusco: No, I made the spreadsheet during the period in which I was giving my testimony. I had already signed the plea bargain deal by that time.

Zanin: OK. So you had already made the deal with the public prosecutors’ office and so when you began your testimony you created this spreadsheet, correct?

Barusco: Correct.

Zanin: So I will ask you, if you started receiving undue advantages in 1996, why does your spreadsheet start in 2003?

Barusco: (long pause) Because of the following. Let me explain how I made the spreadsheet. I left Petrobras, after a period of 8 years as the executive director of engineering. So, when I left, I decided to make a recording, I made an official request to the computer department, they made a backup for me, OK, because I had many documents, I had signed a lot of documents of all kinds. So I asked them to make a copy of it and I had this copy. And these management acts of mine started in 2003 when I took over the engineering department, so I based my spreadsheet from 2003 to 2011 which is when I left. During the period before 2003, this issues were basically covered in another deal that I made in Rio de Janeiro involving bribes paid by the Dutch company SBM, so this part before 2003 was the objective of this other plea bargaining process in Rio de Janeiro.

Zanin: OK, but in reality you started receiving undue advantages before 2003. This spreadsheet does not reflect the entire period in which you received undue advantages.

Barusco: Obviously.

Source: https://www.youtube.com/watch?v=bPyGERmhdX8

This is not the first time that the Lava Jato investigation team has ignored corruption allegations that took place during Fernando Henrique Cardoso’s presidency. In June 2016, during a plea bargain by former Petrobras director Nestor Cerveró, he told investigators that they paid a $100 million bribe to cabinet members in Cardoso’s government in 2002, during the Petrobras acquisition of Pérez Companc, an Argentine petroleum company.[x]

In March 2016, Delcídio do Amaral, Petrobras director from 1999 to 2001, testified about corruption schemes going from the Itamar Franco presidency through Fernando Henrique Cardoso, including $100 million in kickbacks to government officials during construction of an offshore oil drilling platform, which took place between 1995 and 2000.[xi] The platform sunk in 2001, killing 11 workers. [xii]

Lava Jato prosecution judge Sergio Moro has close ties with the US State Department and is a frequent speaker at neoliberal think tanks in the US such as the Wilson Center and AS/COA. At one speech at the Wilson Center in July 2016, Moro was asked about his refusal to prosecute corrupt politicians from the PSDB, to which he replied “This Party was in the opposition, so it wouldn’t make sense.”. [xiii] At the time he made the speech,however, two time presidential election runner up for the PSDB, José Serra, was serving as Brazil’s Minister of Foreign Relations. [xiii]

Moro’s justification for not prosecuting members of the PSDB seems suspicious since his wife Rosangela, whose law firm (Zucolotto Associados, ZA) negotiates Lava Jato plea bargains with corrupt businessmen, has also worked as legal advisor to Flavio Arns, Vice-Governor of Paraná for the PSDB. In another apparent conflict of interest, at the outset of the Lava Jato investigation ZA represented petroleum companies who directly benefit from the breakup of Petrobras, including INGRAX and Royal Dutch Shell. [xiv]

Despite the serious conflicts of interest within the Lava Jato investigation Sergio Moro continues to be treated as a hero in the American business community. On March 2, the corporate-funded think tank AS/COA, which recently held a private meeting with neo-fascist presidential candidate Jair Bolsonaro, will hold an event honouring Latin America’s “top corruption fighters,” featuring a speech by Moro.[xv]

Additional editorial support provided by ALINE PIVA, Research Fellow, and KEITH A. CARR, Research Associate at the Council on Hemispheric Affairs.

To view the original Council of Hemispheric Affairs article online, please click here.

References
[i] https://www.nytimes.com/2018/01/23/opinion/brazil-lula-democracy-corruption.html
[ii]http://politica.estadao.com.br/noticias/geral,raquel-dodge-pede-arquivamento-de-inquerito-contra-serra-no-stf,70002164386
[iii]http://www.nocaute.blog.br/brasil/pedido-de-investigacao-contra-aecio-neves-e-arquivado-no-stf.html
[iv] https://www12.senado.leg.br/noticias/materias/2017/10/17/senado-devolve-mandato-a-aecio-neves
[v]http://www1.folha.uol.com.br/poder/2017/05/1885480-jbs-diz-que-pagou-r-60-milhoes-em-propina-para-aecio-neves-em-2014.shtml
[vi]http://www.brasilwire.com/brazilian-army-why-is-the-lava-jato-team-burying-evidence/
[vii]For example, Alberto Yousseff is expected to recuperate R$20 million as part of his plea bargain (https://oglobo.globo.com/brasil/youssef-pode-recuperar-ate-20-milhoes-com-delacao-premiada-15143551)
[viii]http://www.brasilwire.com/corrupt-lava-jato-sergio-moros-sentence-reduction-industry/
[ix]http://www.brasilwire.com/corrupt-lava-jato-sergio-moros-sentence-reduction-industry/
[x] https://oglobo.globo.com/brasil/cervero-relatou-propinas-de-mais-de-meio-bilhao-de-reais-desde-2002-19447940
[xi]https://noticias.terra.com.br/brasil/politica/lava-jato/em-delacao-delcidio-relata-corrupcao-na-petrobras-nos-governos-de-itamar-e-fhc,17d81a5ef81954267f3965d1a1dbb147nqvmtoaq.html
[xii]http://acervo.oglobo.globo.com/fatos-historicos/em-2001-explosao-da-plataforma-36-deixou-11-mortos-na-bacia-de-campos-9483525
[xiii]http://www.redebrasilatual.com.br/blogs/helena/2017/12/jose-serra-e-aloysio-nunes-estao-perto-de-se-livrar-de-investigacao-de-propinas
[xiv]https://www.cartamaior.com.br/?/Editoria/Politica/Esposa-de-Juiz-da-lava-Jato-e-assessora-juridica-de-Vice-de-Beto-Richa-PSDB-/4/32372

Interpol accuses Sergio Moro of violation of human rights

doria-moro
Photo: William Volcov

By Miguel do Rosário

Jorunalist Bob Fernandes alerted, via Twitter:

CLOSE ATTENTION. In article 54 one of the reasons of Interpol withdrawing Tacla Duran from the red alert list: doubts about the conduct of the judge responsible (Moro) sufficient to violate article 2; cooperation can only be given with fundamental rights guaranteed. https://t.co/l3UsvQcs04

— Bob Fernandes (@Bob_Fernandes) 4 August 2018

Interpol understood that Sergio Moro violated article 2 of Interpol’s own Constitution.

Article 2 (1): To ensure and promote the widest possible mutual assistance between all criminal police authorities within the limits of the laws existing in the different countries and in the spirit of the “Universal Declaration of Human Rights

From the newspaper O Estado de S.Paulo

Interpol takes Tacla Duran off the international wanted list

The investigation agency complied with a request from the lawyer and suspended the international red alert against his name since September 2016

Jamil Chade CORRESPONDENT / GENEVER Katna Baran, O Estado de S.Paulo

4 August 2018

Interpol, the international investigation agency, took the lawyer Rodrigo Tacla Duran off the body’s international wanted list. At the request of the defence, the agency suspended the red alert against his name since September 2016 made at the request of Brazilian Justice. Tacla Duran’s defence placed in check the impartiality of Judge Sérgio Moro to judge the case. The argument was the fact that the judge had cited the lawyer during the programme Roda Viva on TV Cultura.

Tacla Duran presented three arguments to Interpol to justify his request that the red alert on his name be withdrawn: his case had been transferred in part from Brazil to Spain, the rights to due legal process in Brazil had not been fulfilled and to complete the case, Spain had rejected his extradition from there.

According to Interpol, Tacla Duran presented “evidence that was easily verifiable from open sources”, that Moro “spoke publicly about him during an interview” about the case, placing the impartiality of the Lava Jato judge in Curitiba under suspicion.

“The Commission then considered that the allegations presented (by Tacla Duran) which, given the behaviour of the judge responsible for his case in Brazil, sufficient doubts had been raised of the fact of a violation of Article 2 of the Interpol Constitution”, the agency indicated in a document obtained by O Estado. Article 2 refers to the need for the institution to promote cooperation between police from different countries, provided the Universal Declaration of Human Rights is respected.

The case makes reference to the interview given by Moro on Roda Viva on the TV Cultura channel on 27th March. As a fugitive in Spain, Duran accused Moro of receiving undue amounts of money through a friend to favour plea bargains in the operation. In the interview on Roda Viva, the judge said he believed it was just an attempt to remove him from the case.

The Interpol Control Commission has been evaluating the case since July. After an evaluation and in consultation with authorities in Brazil and Spain, the newspaper O Estado found that the commission indicated that the elements presented by Tacla Duran were in fact “new” and would have to be considered. According to the agency, such data could have led Interpol to a “different conclusion” about the suspect.

The decision does not mean that Interpol questions the Brazilian judicial system. But it does indicate that an evaluation should be made on each case before maintaining the lawyer’s name on the list. “The Commission notes that the guarantees of Access to Justice, as well as principles of equal treatment before the law, the impartiality of the Judiciary and fundamental rights, such as full and adversarial defence are in fact rooted in the Brazilian Federal Constitution and in the country’s legal system”.

The agency therefore established that the data on Tacla Duran must be “deleted from the Interpol files”. The body also noted that Spanish Justice “did not ask for the alert to be maintained”.

Tacla Duran has lived in Spain ever since the first indications of his involvement in the corruption scheme at Petrobras were revealed by Lava Jato. According to the investigations, the lawyer was an operator for Odebrecht in the payments of bribe monies abroad. Firstly, he was the subject of a preventive arrest warrant in the 36th phase of Lava Jato in November 2016. At the time, Tacla Duran was already out of the country and was not arrested.

He is wanted in a process of investigating crimes such as corruption, money laundering and criminal conspiracy in a scheme involving construction works worth more than R$ 1.8 billion with the Pipe-Rack Consortium at the Rio de Janeiro Petrochemical Complex (Comperj).  He is also a defendant in another process, also dismembered, investigating crimes of corruption against Petrobras and an investigation involving concession and highways in Paraná state.

The 13th Court of Curitiba requested the extradition of Tacla Duran to Brazil for crimes, which was denied by Spain due to the lawyer double nationality. On April 11th 2018, Moro decided to transfer part of this process to the Spanish authorities, considering treaty provisions and the use of a company set up in Spain to carry out the crimes investigated.

Interpol refused to comment officially on the document. Federal Justice affirmed that his preventive detention had not been revoked in Brazil. The media office said they would not comment officially on the matter involving Moro, nor on the Interpol decision.

The Federal prosecution service declared that the preventive arrest warrant against Tacla Duran remained in effect and valid. In a motion for habeas corpus filed by the lawyer, the 4th Federal Regional Court (TRF-4) maintained the warrant, recognizing its legality. “The Federal prosecution service continues to adopt all due legal measures for it to be fulfilled, including abroad”.

After hours of expectation and the dust having settled on Lula’s possible release

Moro vision test
Comment by Rafaela Pacheco on Facebook

After hours of expectation and the dust having settled on Lula’s possible release, some points:
Regardless of the result, it was a masterly defence. Fact.
In a single movement they managed:
1. To put Lula top trending worldwide and on the cover of the leading international media outlets. They got him out of being forgotten in the dungeons of Curitiba. Lula is alive and well, to the fright of the nihilists and despair of the coup plotters.
2. They mobilized the activists on this post-World Cup Sunday. These activists had been kind of lost and withered after the defeat of Brazil, and needed to be shaken up. Demonstrations throughout Brazil and next week too.
3. Moro and company revealed, they took the bait desperately all the way to the stomach, as usual.
4. They exposed the whole Brazilian judicial system and its habitual Godfather ways more entrenched than ever post-coup. An international embarrassment.
5. The corporate media were shown to have no clothes, in their ridiculous role and failing credibility.
6 . They constructed a new fact for a further undertaking in the Supreme Court. The obvious partiality against Lula made blindingly so for those who want to see and becomes a new political and juridical fact.
There was a victory. They were geniuses! We moved the board, we got ourselves off the ropes. And they were in despair. Rightly so. They can already feel the signs.
The spring must come.
And I’m going to die laughing, that day is coming sooner than you think.

“Lula knew it wasn’t going to work, from the posture from Justice and the media”

Lula Gulliver

Interview: Lígia Bonfanti / Editor: André Zanardo

“He is serene. From the attitude that justice and the media have adopted, he already knew that it was practically impossible”. This was how the ex-Minister of Justice Eugênio Aragão described the state of spirit of Luiz Inácio Lula da Silva, after the episodes on Sunday 8 June, in an exclusive interview with Justificando.

The conversation with Justificando took place after the visit by Aragão to the Federal Police Superintendency where he met with and talked to Lula. The ex-Minister gathered the facts that took place on Sunday, and classified the activities of the rapporteur of the process against Lula in the 4th Federal Regional Court, Pedro Gebran Neto, of Judge Sérgio Moro and of the President of the 4th Federal Regional Court, Carlos Eduardo Thompson Flores, as “acting like kids”.

Lula was to wait in Curitiba for the Court’s decision, because he knew that the duty judge’s decision is absolutely transitory. But they resolved to jump in head first and thus trample on all the rules of jurisdiction and competence.

Unlike the ex-President, Aragão was not calm during the interview, and was strongly critical of the judges, who as far as he is concerned, unduly interfered in the case, clearly revealing the practice of “lawfare” against Lula.

I do believe that Moro, Gebran and Thompson Flores should answer for this to the National Council of Justice, and if justice is to be taken seriously in Brazil, they should be punished administratively for what they got up to yesterday. This is shamelessness, everyone should be dumbfounded. I have worked for over 35 years in Justice, and I have never seen anything like it. I have never seen anything like this before. As far as I am concerned, this is scandalous. They threw justice into the mud. They should have been patient. Where could Lula run to?

Eugenio Aragão

Photo: Lula Marques / Agência PT

See the interview in full:

How was your talk with President Lula?

He is serene, tranquil. In fact, in this time he has spent in prison, he has acquired the patience of a Tibetan monk, a tranquillity. At the outset he knew this was practically impossible, from the posture from Justice and the media have systematically adopted against him, so he was not there nursing any hope or anything. He was tranquil, really very tranquil.

How was Lula’s day yesterday throughout this whole episode? Was there any actual movement?

No, at no time was he anxious or anything, he was laughing, he thought this whole situation was funny, and he was accompanying it, sometimes on television, sometimes with the police who came to tell him of this whole attitude of “revoke, don’t revoke”. So he was accompanying the whole thing, but he was very tranquil, very serene. I think he will, at the right time, write a letter manifesting his position.

What is your evaluation on the events of yesterday?

The truth is that amongst all those who manifested themselves yesterday in this whole process, the only one who was right was the duty appeal judge Rogério Favreto, because he undoubtedly had the jurisdiction as the duty appeal judge.

The question was not at all about what had been judged, it was something completely new. What was being discussed was Lula’s right to campaign for the election. So this was what was being put, nobody was talking about provisional execution of time to be served or anything, it was a completely new question. So there was no overlapping with the other judgements.

But Judge Sergio Moro, there from Portugal, became involved without the process to hand, without paper or anything. He starts making calls desperately, calls the superintendent here in Brazil not to obey the order from the appeal judge. Then he issues a completely senseless dispatch, because he could not even say that he “thought” he had the jurisdiction. Because a week and a half ago he was told off by the Supreme Court Justice Dias Toffoli in relation to José Dirceu, because after the Supreme Court ordered the release of Dirceu, he demanded that Dirceu should wear an ankle monitor. At that time Toffoli had already told him he had no jurisdiction. This situation of Lula was identical. He had already been told off for this. Now he decided on a show-down, that is, really decided on sedition. This is sedition, what he did. Really, he decided to face-off against the appeal judge.

And curiously, the strangest thing is that at 9:24 in the morning the system showed the certificate here that the decision had been made to release Lula. The “counter-order” from Moro was given at mid-day. So from 9:24 to mid-day, why did the Federal Police not release him? That means something very strange was going on: the phone calls. If you can reverse a written order by a duty judge by telephone, what justice is this? Then the lines hum. Moro makes a call to Gebran, calls Carlos Eduardo Thompson Flores, in this desperate frenzy. This is not the posture of a judge. This might be the posture of a politician, but a judge should never behave this way. A judge who behaves this way is not impartial, and thus he becomes a judge arousing suspicions, and he cannot conduct this process. That is obvious.

And as if that were not enough, he “consults” – in quotation marks, as there is no such thing in procedural law, without any jurisdiction, as he is on holiday, and even if he was not, he would have no jurisdiction, because the cognitive phase of the process has already ended. He “consults” the rapporteur, Gebran, who curiously recognizes this “consultation”, which is a non-existent act, and uses this “consultation” to give a “counter-order” in relation to the decision of the duty judge, who had the jurisdiction for the case, as Gebran was off-duty.

The correct thing to do was for the duty judge to decide, release Lula, the next day the process would go to the rapporteur, and the rapporteur would obviously give the counter-order. But no, when he was off-duty he simply goes there and gives the counter-order against the decision of the duty judge. In other words he also crossed the line.

But that is not all. Favreto goes back and affirms his competence, and he is quite right, as he is the only one with the competence at that moment, and he gives one hour for the Federal Police to fulfill the release order. Now, the whole of Brazil already knows he has given this order. The Federal Police turned a deaf ear, because behind the scenes was the Chief, Rogério Galloro, knowing through Justice Raul Jungmann that the order was not to be obeyed, because the President of the 4th Federal Regional Court, Thompson Flores had already called saying “I will decide later, hold him”. Once again, Carlos Eduardo Thompson Flores acted outside his jurisdiction, profoundly infringing jurisdictional ethics and worse, without being aware of the arguments in the case records.

So appeal judge Thompson Flores had no jurisdiction over the case?

He had no jurisdiction and did not know what it was about. The one who was speaking for the Court at that moment was Favreto. He orders Lula to be held and only at eight o’clock at night does he give his decision and in doing so, has the orders of a colleague of his disobeyed. This is a big mess, there’s no other name for it. This is stuff of kids. This is stuff of children. There is no other expression to describe what happened.

I do believe that Moro, Gebran and Thompson Flores should answer for this to the National Council of Justice, and if justice is to be taken seriously in Brazil, they should be punished administratively for what they got up to yesterday. This is shamelessness, everyone should be dumbfounded. I have worked for over 35 years in Justice, and I have never seen anything like it. I have never seen anything like this before. As far as I am concerned, this is scandalous. They threw justice into the mud. They should have been patient. Where could Lula run to? He probably wouldn’t even have left Curitiba, because he’s an educated man, he knows there are limits. Lula was to wait in Curitiba for the Court’s decision, because he knew that the duty judge’s decision is absolutely transitory. But they resolved to jump in head first and thus trample on all the rules of jurisdiction and competence.

Much has been said about the friendship between Gebran and Moro, and the impossibility of Gebran being the rapporteur of the case.

On this matter I have no great knowledge, but I heard that there is a Whataspp group between Gebran, Moro, Fachin and everyone who had dealings with the process. If that is true, that is something that is truly horrendous, because that subverts the whole rule of double jurisdiction. If the first, the second and the third instance of jurisdiction are arranging between themselves, then what is the law of double jurisdiction if that exists? Nothing. In other words, give the ruling at the first instance and then have everything arranged between themselves.

You said yesterday that Lula was “kidnapped”.

Yes, because when there is a legitimate order to release President Lula and he is held in captivity, at the whim of magistrates without jurisdiction, he is not imprisoned legitimately, he is kidnapped, he is being held in false imprisonment. He is kidnapped. This is not a legitimate prison. Legitimate prison presupposes that it has been ordered by a competent, impartial authority instituted by law. In this case, there was nothing of the sort. There was a judge in a bathing costume in Portugal, giving orders from his thighs, and another here in Brazil attending to the clamour from his friend. This is not the act of a judge, this is false imprisonment. This is kidnapping by an articulated group, which if it were some other kind of activity could be called a criminal organization.