Brazil: Former Judge Sergio Moro says UN committee erred in ruling on Lula da Silva

“Given the content of the report of the UN Committee and not of the central organs of the UN bodies, it can be seen that its conclusions have been drawn from a decision of the Federal Supreme Court [do Brasil] last year from the court’s 2nd class [tribunal]who overturned the sentences of former President Lula, ”says a memo published by Moro.

“I consider the STF’s decision a major error of law and unfortunately it had an unreasonable effect on the UN committee. In any case, even the committee does not deny corruption in Petrobras or confirm Lula’s innocence. It is noteworthy that former President Lula , “he added.

The UN Commission on Human Rights today issued a resolution finding that investigations and convictions against the former president of Brazil in corruption cases convicted by Operation Lava Jato violated his human and political rights.

Lula da Silva has been under investigation since 2016 and was convicted of the alleged connection in 2017’s largest corruption investigation, Operation Lava Jato, led by then-judge Sergio Moro, who later became minister. Judge of the Board chaired by Jair Bolsonaro.

In a case convicted by Moro involving possession of a luxury apartment in the tourist resort of Guaruja on the coast of São Paulo, Lula da Silva was also sentenced to 580 days in prison, although this and all other cases against you have been suspended due to new court decisions.

Moro, who was considered a suspected judge by the STF in 2021 for his role in the Lava Jato operation in cases involving the former president, concluded in his remarks defending that “a report in the UN committee has the potential to show strong voting results. activities “were justified in the application of the law, in the fight against corruption and there was no political persecution”.

In its opinion, the UN Committee of Independent Experts, which monitors compliance with the International Covenant on Civil and Political Rights and its Protocols, the international agreement signed and ratified by Brazil, stated that Lula da Silva had not been convicted by an impartial tribunal and his right to privacy and political rights violated during a corruption investigation.

The committee released its conclusions after investigating a complaint filed in 2016 by Lula da Silva’s lawyers about the way he was prosecuted in Operation Lava Jato, which exposed crimes committed by politicians, businessmen and authorities in Petrobras and other public institutions. .

The UN committee recalled that during the investigation, former Judge Moro accepted a request from the public ministry to eavesdrop on the phones of Lula da Silva, family members and his lawyer.

“He [Moro] then released the content of the wiretapping to the “media” before filing a formal charge. He also issued an arrest warrant to arrest Lula da Silva for questioning. The license has leaked to the “media,” and as a result, the “media” took photos of Lula as if she were in prison, ”the UN statement reads.

The victory of the former president in this UN trial will not change his situation, currently without a verdict against him, but it has strong symbolism and could help him in the next presidential campaign, as the former governor always claimed to be innocent. and who was the victim of legal persecution.

Lula da Silva will lead all polls over next year’s Brazilian presidential election with more than 40 percent of the vote intent.

Moro, who left the judiciary in 2018 to take over the ministry of justice at the invitation of Brazil’s current president, Jair Bolsonaro, resigned with the government and works as a politician.

The former judge even became a presidential candidate for the Podemos party last year. In recent weeks, however, he has said that getting a presidential candidacy depends on the decision of his new political group, União Brasil, of which he has been a member since the end of March.

Leave a Comment