On the wrong side… the annulment of Lula’s condemnations puts him in the running for the 2022 elections
Minister Edson Fachin, of the Supreme Federal Court, ordered the annulment of all convictions handed down against former President Lula by the 13th Federal Court of Federal Justice of Curitiba, responsible for Lava Jato.
Reason: Wrong court…
The Minister affirms that the crimes imputed to the ex-president do not correspond to acts that directly involved Petrobras and, therefore, the Federal Justice of Curitiba should not be responsible for the case.
Although the MPF affirmed that Lula was a “central figure” in a criminal group with extensive activity in various Public Administration bodies, “Petrobras being only one of them”, Edson Fachin, in his decision states “The case, therefore, does not fit to what has been built and already decided within the scope of the Plenary and the Second Panel of the Supreme Federal Court regarding the jurisdiction of the 13th Federal Court of Curitiba, delimited, as seen, exclusively to the illicit practices practiced to the detriment of Petrobras S/A“.
The minister also made a history of the Supreme Court’s jurisprudence on the limits of the jurisdiction of the Lava Jato de Curitiba, and according to him, initially all cases that were not related to the deviations practiced against Petrobras were removed.
The annulment of the conviction does not judge the condemning facts, but only the wrong court on which it was judged. The same court had other Petrobras-related lawsuits removed from its jurisdiction, but Lula’s cases remained. What seemed like a victory at the time, today is proving to be a real and brilliant trap for Lula’s defense.
If the process did not obtain the guilty party’s innocence, any judge would annul the sentence on the basis of the lack of competence to judge it.
Lula comes back strong and favored by a government in which Brazil so hoped, but which has become a major disappointment.
The ex-president was not acquitted… on the contrary, his participation in the billionaire fraud scheme against public coffers was not tried, but they were just in the wrong court!…