Brazil’s Federal Supreme Court ruled on Tuesday that former judge Sergio Moro was biased in the way he oversaw the corruption process against former President Luiz Inácio Lula da Silva, offering a justification to the left-wing politician, who has long argued that he was a political persecution.
The decision still casts a shadow over Moro’s reputation and the Lava Jato investigation he has led for years. Moro condemned hundreds of business and political leaders who were believed to have enjoyed 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 essential to me: everyone has the right to a fair trial, to a proper legal process and to the impartiality of the judge,” said Judge Carmen Lucía, who cast a broken vote. equality.
The leaked messages published by The Intercept Brasil in 2019 showed an apparent collusion between Moro and Lava Jato prosecutors during the trial that eventually sent Lula to jail for corruption and money laundering. His conviction on appeal left him out of the 2018 presidential election, under the rules of the Brazilian Clean Records Act, and paved the way for lawmaker Jair Bolsonaro to win. Moro became Bolsonaro’s justice minister.
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 was tried in a court without due process and ruled that he could return to court. 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 invigorating.”
“We show that Moro never acted as a judge, but as a personal and political opponent of former President Lula,” the lawyers said. “We have suffered all kinds of illegalities with Lava Jato, some of which are described in the judgment that recognized the former judge’s bias, such as the illegal monitoring of our phones, so that members of the investigation can follow our defense strategy in real time. . “
While the decision issued a few weeks ago left Lula free to face Bolsonaro in the 2022 presidential election, it has also been interpreted by legal experts as a resource to avoid a ruling on allegations of bias. to Moro and thus maintain the beliefs and credibility of the Lava Jato Investigation. However, another judge asked to vote on the current issue.
With a vote of 3 to 2, judges on Tuesday banned evidence gathered in Lava Jato’s investigation into Lula’s alleged ownership of a triplex in the coastal city of Guaruja from being used in any future trials. The judges did not rule on whether the evidence previously collected could be used in the retrial of another Lula conviction or in his other two unresolved criminal cases.
Michael Mohallem, coordinator of the Justice Center of the Getulio Vargas Foundation, said the ruling brings back to the starting point any corruption case against Lula and strengthens his candidacy for the 2022 election. But it also offers a ray of hope for others who have been closed.
“Lula will be able to say that he was tried by a judge who wanted to find him guilty. For the political campaign, this is very valuable, “Mohallem added. “The fear is that many detainees will file appeals to overturn their sentences. The decision opens that discussion “, he specified.