THE JUDICIAL
HUNT FOR
FORMER
PRESIDENT LULA
WHILE TRYING TO FIND A CRIME - ANY CRIME -
TO CONVICT LULA IN THE COURTS, OPPONENTS
OF BRAZIL’S MOST IMPORTANT POLITICAL
LEADER ENGAGE IN A TRIAL BY MEDIA,
IN THE MOST EXTRAORDINARY DEFAMATION
CAMPAIGN AGAINST A PUBLIC FIGURE IN THE
HISTORY OF THE COUNTRY.
Over more than 40 years in public
service, every aspect of former President
Lula’s life has been thoroughly
vetted: political, fiscal, financial and
even his personal life.
No Brazilian politician has ever been investigated for so long: by the security agents of the dictatorship, the press, and his political opponents and by congressional committees during his two terms.
Despite the false charges that he has suffered, nothing has ever been shown to be wrong with Lula’s life because he has always acted within the law - before, during and after having been president of Brazil. Only the dictatorship dared to convict and jail Lula in 1980, under the infamous National Security Law. His crime of “subversion” was fighting for democracy and the rights of workers. Since the re-election of President Dilma Rousseff, in October 2014, Lula has become the target of a veritable judicial witch-hunt. Politicized agents of the state, the Public Prosecutors Office, the Federal Police and the Judiciary, were mobilized to try and find a crime - any crime - with which to charge Lula and try him in the courts.
Dozens of prosecutors, police investigators, Federal tax authorities and even judges have been frantically engaged in this process, in complicity with the monopolies in the media and professionals of dubious journalistic reputation.
In the absence of formal charges, since Lula has always acted within the law, they foment a trial by media that is unfair and unbalanced - without the right of response or rebuttal. Rumors, inferences and selective investigative leaks are released with great fanfare, a true moral and political lynching.
It is clear that the goal of the mass media and the most retrograde sectors of Brazil is to take the former president to Court in an obvious attempt to keep Lula from being able to participate the Brazilian political process.
They violated Lula’s banking and fiscal records, and those of his family, his public-speaking company and the Lula Institute. They electronically wiretapped Lula’s calls, those of his family, his staff and even those of his attorneys. In the early morning hours they raided and searched Lula’s house, the homes of his children and the Lula Institute.
They investigated all of the international travel by the former president – to discover who paid for the travel, what aircraft was used, who accompanied him, where he stayed and with whom he spoke, including heads of state and government. They investigated the lectures and even the gifts that Lula received when he was president. And they found absolutely nothing to link Lula to the Petrobras corrption scandal, the Lava Jato investigaton or any other illegal activity.
No questionable deposits no offshore accounts, no front companies, not one penny was not honestly earned and declared for the payment of taxes.
Not even the confessed defendants in the Lava Jato investigation, who made deals for reductions in criminal and financial penalties in exchange for information, dared to say that Lula participated directly or indirectly in the Petrobras corruption scandal.
And this is terribly frustrating for the hunters of the former president. In the absence of proof, evidence or reliable witnesses, Lula’s persecutors submit the former president to a number of arbitrary constraints that violate not only his constitutional rights, but the principles of the democratic rule of law, threatening the entire society.
No Brazilian politician has ever been investigated for so long: by the security agents of the dictatorship, the press, and his political opponents and by congressional committees during his two terms.
Despite the false charges that he has suffered, nothing has ever been shown to be wrong with Lula’s life because he has always acted within the law - before, during and after having been president of Brazil. Only the dictatorship dared to convict and jail Lula in 1980, under the infamous National Security Law. His crime of “subversion” was fighting for democracy and the rights of workers. Since the re-election of President Dilma Rousseff, in October 2014, Lula has become the target of a veritable judicial witch-hunt. Politicized agents of the state, the Public Prosecutors Office, the Federal Police and the Judiciary, were mobilized to try and find a crime - any crime - with which to charge Lula and try him in the courts.
Dozens of prosecutors, police investigators, Federal tax authorities and even judges have been frantically engaged in this process, in complicity with the monopolies in the media and professionals of dubious journalistic reputation.
In the absence of formal charges, since Lula has always acted within the law, they foment a trial by media that is unfair and unbalanced - without the right of response or rebuttal. Rumors, inferences and selective investigative leaks are released with great fanfare, a true moral and political lynching.
It is clear that the goal of the mass media and the most retrograde sectors of Brazil is to take the former president to Court in an obvious attempt to keep Lula from being able to participate the Brazilian political process.
They violated Lula’s banking and fiscal records, and those of his family, his public-speaking company and the Lula Institute. They electronically wiretapped Lula’s calls, those of his family, his staff and even those of his attorneys. In the early morning hours they raided and searched Lula’s house, the homes of his children and the Lula Institute.
They investigated all of the international travel by the former president – to discover who paid for the travel, what aircraft was used, who accompanied him, where he stayed and with whom he spoke, including heads of state and government. They investigated the lectures and even the gifts that Lula received when he was president. And they found absolutely nothing to link Lula to the Petrobras corrption scandal, the Lava Jato investigaton or any other illegal activity.
No questionable deposits no offshore accounts, no front companies, not one penny was not honestly earned and declared for the payment of taxes.
Not even the confessed defendants in the Lava Jato investigation, who made deals for reductions in criminal and financial penalties in exchange for information, dared to say that Lula participated directly or indirectly in the Petrobras corruption scandal.
And this is terribly frustrating for the hunters of the former president. In the absence of proof, evidence or reliable witnesses, Lula’s persecutors submit the former president to a number of arbitrary constraints that violate not only his constitutional rights, but the principles of the democratic rule of law, threatening the entire society.
OVER THESE TWO
YEARS, THESE
RIGHTS OF THE
FORMER PRESIDENT
HAVE BEEN
VIOLATED:
• the right to fair treatment and the presumption of innocence;
• the right to an impartial Judge and a fair prosecutor;
• the right to examine the contents of the investigations and full access to the charges, which has been recognized by the National Council of the Public Prosecutor’s Office;
• the right to confidential communications with lawyers; as recognized by Supreme Court Justice Teori Zavaski;
• the right to confidential telephone communications; also recognized by Supreme Court Justice Teori Zavaski;
• the right to preserve the confidentiality of his personal financial, fiscal and banking data entrusted to agencies of the state and the Justice system;
• the right not to be investigated indefinitely beyond legal or reasonable limits for the reporting or presentation of charges;
• the right to privacy and the preservation of his image, provided for in Article 5 of the Constitution of Brazil. • the right to reply in the media;
• the political right to engage in public service, for which he has always been prepared, denied by Supreme Court Justice Gilmar Mendes; and even the right to come and go, without the risk of a warrant for his arrest and no legal justification for his forceful “invitation” to give a statement to the investigators on March 4, 2016.
• the right to fair treatment and the presumption of innocence;
• the right to an impartial Judge and a fair prosecutor;
• the right to examine the contents of the investigations and full access to the charges, which has been recognized by the National Council of the Public Prosecutor’s Office;
• the right to confidential communications with lawyers; as recognized by Supreme Court Justice Teori Zavaski;
• the right to confidential telephone communications; also recognized by Supreme Court Justice Teori Zavaski;
• the right to preserve the confidentiality of his personal financial, fiscal and banking data entrusted to agencies of the state and the Justice system;
• the right not to be investigated indefinitely beyond legal or reasonable limits for the reporting or presentation of charges;
• the right to privacy and the preservation of his image, provided for in Article 5 of the Constitution of Brazil. • the right to reply in the media;
• the political right to engage in public service, for which he has always been prepared, denied by Supreme Court Justice Gilmar Mendes; and even the right to come and go, without the risk of a warrant for his arrest and no legal justification for his forceful “invitation” to give a statement to the investigators on March 4, 2016.
LULA: LEGAL
TARGET PRACTICE
The successive and arbitrary attacks
on Lula occured in an atmosphere of a
legal and quasi-legal attack on several
different fronts simultaneously, which
suggests an orchestrated persecution.
Over these two years, the former
President, his family, the Lula Institute
and his LILS speaking company
have become the object of:
• 3 investigations opened by federal prosecutors for alleged (and nonexistent) charges concerning real estate that Lula does not own and lectures givenin accordance with the law;
• 3 investigations opened by federal prosecutors for alleged (and nonexistent) charges concerning real estate that Lula does not own and lectures givenin accordance with the law;
• 1 criminal prosecution
concerning the same facts,
charged by State Prosecutors
of the State of São Paulo;
• 1 investigation opened by
Federal Prosecutors in Brasilia,
concerning the international
travels of former President;
• 1 investigation by the Federal
Prosecutor-General to
investigate facts related to the
Lava Jato Operation;
• 1 criminal investigation
proposed by the Federal
Prosecutor General for the
alleged (and nonexistent)
attempts of the obstruction of
Justice;
• 1 criminal investigation
proposed by the Federal
Prosecutors in Brasilia to
investigate alleged (and nonexistent)
favors to one of the
sons of the former president
in proposing Provisional
Measures for approval by the
Congress
• 3 police investigations opened
by the Federal Police in Brasília
and in Paraná;
• 2 Federal Audits by the fiscal authorities that found
nothing irregular in the
Lula Institute or the LILS
company;
• Breaking the seal of the
fiscal and banking accounts
held by Lula, the Lula,
Institute, the LILS company
and 12 individuals and
38 companies owned by
people connected to former
President;
• Opening and access
to telephone and
communications over
the internet by Lula, his
family, the Directors of the
Lula Institute; even Lula’s
atttorneys were affected by
this illegal activity;
• 38 search and seizure
warrants were executed
in the homes of Lula and
his family, employees and
directors of the Institute,
people connected to him,
carried out with the abuse
of authority, illegal seizures
and sequester of the e-mail
server of the Lula Institute; Politically motivated agents of the
State carried out a veritable target
practice, attacking the Lula Institute
simultaneously on several legal
fronts for the same allegations, which
is unconstitutional, as well as an
affront to the universal principles of
law, adopted by Brazil in international
treaties.
For example: the Attorney General
of the Republic, Rodrigo Janot,
included the former President in
an investigation into corruption in
Petrobras by the Supreme Court.
At the same time, he requested the
transfer of the case to the Court of
Judge Sergio Moro, for investigations
that deal with the same facts,
which means a double investigation
of former President Lula.
ARBITRARY
AND ABUSIVE
PERSECUTION
Over the last 12 months, Lula has given
testimony 5 times to the Federal Police
and the Federal Attorney General’s
Office and offered written testimony to
2 ivestigations.
Despite having complied with all warrants and requests and having provided clarification to authorities voluntarily, on March 4 of this year Lula was subjected toi an illegal, arbitrary and, unjustified and coercive summons to make a statement – truly a kidnapping by the lava Jato Operation task force.
Lula was the target of a request for pre-trial detention, an even more illegal, less justifiable and arbitrary action, by the State Prosecutors of São Paulo, which was denied by in the Courts for being blatantly illegal.
State agencies illegally leaked and are still leaking Lula’s banking and tax records to the press, as well as those of his family, the Lula Institute and the LILS Company.
Despite having complied with all warrants and requests and having provided clarification to authorities voluntarily, on March 4 of this year Lula was subjected toi an illegal, arbitrary and, unjustified and coercive summons to make a statement – truly a kidnapping by the lava Jato Operation task force.
Lula was the target of a request for pre-trial detention, an even more illegal, less justifiable and arbitrary action, by the State Prosecutors of São Paulo, which was denied by in the Courts for being blatantly illegal.
State agencies illegally leaked and are still leaking Lula’s banking and tax records to the press, as well as those of his family, the Lula Institute and the LILS Company.
Judge Sergio Moro illegally tapped
and released private phone conversations
between former President Lula,
his wife, Marisa Leticia, and their children,
along with various interlocutors
that have nothing to do with the facts
investigated, including a conversation
with the President of the Republic, Dilma
Rousseff.
This illegal leak – expressly condemned
as such by Supreme Court Justice
Teori Zavaski – was manipulated by the
media in order to prevent Lula from assuming
the post of Minister of the Civil
Cabinet (Chief-of Staff), to which had
been nominated a few hours before the
unlawful disclosure.
No Brazilian political leader had his or her private life, their bank accounts or their movements so thoroughly searched.
This constitutes a real conspiracy against a private citizen, without respect for his rights and denying him the presumption of innocence. And after all this, there are no judicial charges against Lula: he is not even a defendant, but his accusers, in the apparatus of the State and in the media, treat him as if he has been convicted.
The result of the combined actions of the agencies of the State and mass media is the largest oppressive propaganda operation ever made against a public figure in Brazil.
It is a lynching in the legal system and the masss media and an incitement to hatred against the greatest Brazilian political leader in modern times. Lula is being persecuted because he cannot be beaten at the polls. And despite the systematic legal-media smear campaign, Lula is still considered in the polls as the best President Brazil has ever had, in addition to leading the opinion polls as a future presidential candidate.
No Brazilian political leader had his or her private life, their bank accounts or their movements so thoroughly searched.
This constitutes a real conspiracy against a private citizen, without respect for his rights and denying him the presumption of innocence. And after all this, there are no judicial charges against Lula: he is not even a defendant, but his accusers, in the apparatus of the State and in the media, treat him as if he has been convicted.
The result of the combined actions of the agencies of the State and mass media is the largest oppressive propaganda operation ever made against a public figure in Brazil.
It is a lynching in the legal system and the masss media and an incitement to hatred against the greatest Brazilian political leader in modern times. Lula is being persecuted because he cannot be beaten at the polls. And despite the systematic legal-media smear campaign, Lula is still considered in the polls as the best President Brazil has ever had, in addition to leading the opinion polls as a future presidential candidate.
LULA DOESN’T FLEE
FROM JUSTICE;
HE APPEALS TO
JUSTICE.
The former President Lula systematically
appealed the abuses and arbitrary
decisions by State agencies
and the media that publishes lies
about him.
Lula’s defense attorneys requested and obtained a hearing on Disciplinary
Procedures in the National Council
of Public Prosecutors against
two public prosecutors who worked
in such a biased manner;
He appealed to the CNMP and confirmed
the illegality of the inquiry by
Public Procesutors from the state of
São Paulo;
Appealed to the Supreme Court and
is now waiting for a decision regarding
a civil injunction to determine
who is responsible for investigating
the facts related to the Santa Barbara
property and the Solaris Condominium;
Appealed to the Court of Justice of
São Paulo and is waiting for a decision
regarding the Judge decision
of the 4th Court on the same jurisdictional
challenge;
Presented a writ of habeas corpus
to the Supreme Court against unjust
decision of Supreme Court Justice
Gilmar Mendes, overturned by the
Supreme Court Justice Teori Zavascki
in his injunction against the Federal
Attorney General’s office;
Presented an appeal to the Supreme
Court contesting the decision by
Justice Gilmar Mendes preventing
him from assuming the post of Minister
and Chief of Staff, even though
Lula meets all the constitutional and
legal requirements for the position;
Presented four requests for the return
of personal property belonging
to his daughters-in-law and sons to
Judge Sergio Moro that was illegally
seized by the Federal Police.
Presented to the Attorney General of the Republic an appeal against the abusive acts and usurpation of jurisdiction on the part of Judge Sergio Moro; Filed an appeal with the Supreme Court against against the abusive acts and usurpation of the competence of the Supreme Court on the part of Judge Sergio Moro; And presented on July 5, an exception of suspicion in relation to judge Sergio Moro that charges a lack of impartiality in the his actions involving Lula, by having published decisions prior to having been ratified, among other reasons. Against his detractors in the media, in Congress and in the underground networks of defamation, lawyers for the former President have presented:
• 6 criminal complaints; •
6 criminal appeals; •
9 lawsuits for moral damages; •
5 requests for criminal investigations;
• and made two requests for the right of reply, one of which was accepted and another, against TV Globo still under consideration by the court.
Presented to the Attorney General of the Republic an appeal against the abusive acts and usurpation of jurisdiction on the part of Judge Sergio Moro; Filed an appeal with the Supreme Court against against the abusive acts and usurpation of the competence of the Supreme Court on the part of Judge Sergio Moro; And presented on July 5, an exception of suspicion in relation to judge Sergio Moro that charges a lack of impartiality in the his actions involving Lula, by having published decisions prior to having been ratified, among other reasons. Against his detractors in the media, in Congress and in the underground networks of defamation, lawyers for the former President have presented:
• 6 criminal complaints; •
6 criminal appeals; •
9 lawsuits for moral damages; •
5 requests for criminal investigations;
• and made two requests for the right of reply, one of which was accepted and another, against TV Globo still under consideration by the court.
The explanations to the courts and
society are due not from Lula but rather
from the prosecutors, Federal
police and judges that abuse their
powers, along with the newspapers,
radio and TV stations that manipulated
false news and made baseless
accusations.
THE TRUTH ABOUT
THE ALLEGATIONS
AGAINST LULA
In depositions and arguments by
the lawyers of the Lula Institute, the
former President has explained all
the facts, answered all of the questions
and countered the claims of his
detractors.
Lula began and left the Presidency of the Republic with the same real estate holdings that he had acquired throught the fruits of his labor and a working life that began in his childhood. He has not hidden of under estimated his assets, he has no offshore accounts and has not registered goods in the names of other persons or companies in tax havens. And he never participated or benefited, directly or indirectly, from the Petrobras or any other corruption scandal or any sort, not before, not during and not after having been the President of the Republic.
A brief summary of responses to the allegations, with an indication of any documents to prove the truth is shown below:
The apartment in Guaruja:
Lula does not own and has never owned apartment 164-A in the Solaris Condominium, because his family did not want the aparment, even after it has been refinished by the true owner. Complete information on: http://www. institutolula.org/documentos-do-guaruja-desmontando-a-farsa
The retreat in Atibaia: Lula has never owned the Santa Barbara property.
The property was purchased by friends of Lula and his family by certified check, which eliminates the possibility of money laundering and concealment of assets. The costs of any construction and/or refinishing work on the property were borne by the owners and have nothing to do with the Lava Jato investigation. Complete information and documents about Atibaia and Lula’s partimony is shown on: http://www.institutolula.org/o-que-o- -ex-presidente-lula-tem-e-o-que-inventam-que-ele-teria Lula’s speeches and lectures: since he left the Presidency, Lula has made 72 lectures and been contracted by 40 different companies to speak in Brazil and abroad, with fees collected and taxes paid through the LILS Company. The fees and the contractual conditions were the same for each of the 40 companies: both the 8 under investigation under operation Lava Jato and the remaining 32, including INFOGLOBO, owned by the family of Globo owner Roberto Marinho.
All lectures were held, as shown in this report with the dates, places, contractors, themes, pictures, videos and news: http://institutolula.org/uploads/relatoriopalestraslils20160323.pdf
Donations to the Lula Institute:
the Lula Institute receives donations from individuals and corporations, according to the law, in order to maintain its activities, and this has nothing to do with the Lava Jato investigations.
The task force illegally released the names of some donors, but hid others and did not tell the public how this money is used, which can be seen in the 2011 - 2015 Activities Report of the Lula Institute: http://www.institutolula.org/ conheca-a-historia-e-as-atividades-do- -instituto-lula-de-1993-a-2015
Presidential collection:
the former President Lula did not keep any of the objects in the presidential collection illegaly, or commit any illegal act in the storeage of these objects. The note below note explains that Brazilian law requires former Presidents to maintain and preserve their collections, but does not point to means and resources: http://www.institutolula.org/acervo- -presidencial-querem-criminalizar-o- -legado-de-lula The report that part of the acquisitions have been used by Lula or that he took anything from the Presidential Palace is untrue.
The magazine that published this false report is the same one that took down the rumor in a story published in 2010: http://www.institutolula.org/epoca-faz-sensacionalismo-sobre-acervo-que- -ela-mesmo-noticiou-em-2010
Obstruction of Justice:
former President Lula has never conversed with former Senator Delcídio Amaral about any activities or conspired to obstruct justice. In a deposition given to the Federal Attorney General on April 7, former President Lula stated the facts and denied the charges made by the former Senator.
Senator Delcídio did not ofer any evidence, proof or testimony to support his conclusions LULA’S INTERROGATION On this link, the full statement by Lula to the investigators and police involved in Operation Lava Jato provided when he was coerced into testifying at Congonhas airport on 4 March 2016.
http://www.institutolula.org/leia-a-integra-do-depoimento-de-lula-a-pf- -em-14-03.
http://media.wix.com/ugd/8582cc_6b464bef07624c13b9f83b67ad951fc2.pdf
Lula began and left the Presidency of the Republic with the same real estate holdings that he had acquired throught the fruits of his labor and a working life that began in his childhood. He has not hidden of under estimated his assets, he has no offshore accounts and has not registered goods in the names of other persons or companies in tax havens. And he never participated or benefited, directly or indirectly, from the Petrobras or any other corruption scandal or any sort, not before, not during and not after having been the President of the Republic.
A brief summary of responses to the allegations, with an indication of any documents to prove the truth is shown below:
The apartment in Guaruja:
Lula does not own and has never owned apartment 164-A in the Solaris Condominium, because his family did not want the aparment, even after it has been refinished by the true owner. Complete information on: http://www. institutolula.org/documentos-do-guaruja-desmontando-a-farsa
The retreat in Atibaia: Lula has never owned the Santa Barbara property.
The property was purchased by friends of Lula and his family by certified check, which eliminates the possibility of money laundering and concealment of assets. The costs of any construction and/or refinishing work on the property were borne by the owners and have nothing to do with the Lava Jato investigation. Complete information and documents about Atibaia and Lula’s partimony is shown on: http://www.institutolula.org/o-que-o- -ex-presidente-lula-tem-e-o-que-inventam-que-ele-teria Lula’s speeches and lectures: since he left the Presidency, Lula has made 72 lectures and been contracted by 40 different companies to speak in Brazil and abroad, with fees collected and taxes paid through the LILS Company. The fees and the contractual conditions were the same for each of the 40 companies: both the 8 under investigation under operation Lava Jato and the remaining 32, including INFOGLOBO, owned by the family of Globo owner Roberto Marinho.
All lectures were held, as shown in this report with the dates, places, contractors, themes, pictures, videos and news: http://institutolula.org/uploads/relatoriopalestraslils20160323.pdf
Donations to the Lula Institute:
the Lula Institute receives donations from individuals and corporations, according to the law, in order to maintain its activities, and this has nothing to do with the Lava Jato investigations.
The task force illegally released the names of some donors, but hid others and did not tell the public how this money is used, which can be seen in the 2011 - 2015 Activities Report of the Lula Institute: http://www.institutolula.org/ conheca-a-historia-e-as-atividades-do- -instituto-lula-de-1993-a-2015
Presidential collection:
the former President Lula did not keep any of the objects in the presidential collection illegaly, or commit any illegal act in the storeage of these objects. The note below note explains that Brazilian law requires former Presidents to maintain and preserve their collections, but does not point to means and resources: http://www.institutolula.org/acervo- -presidencial-querem-criminalizar-o- -legado-de-lula The report that part of the acquisitions have been used by Lula or that he took anything from the Presidential Palace is untrue.
The magazine that published this false report is the same one that took down the rumor in a story published in 2010: http://www.institutolula.org/epoca-faz-sensacionalismo-sobre-acervo-que- -ela-mesmo-noticiou-em-2010
Obstruction of Justice:
former President Lula has never conversed with former Senator Delcídio Amaral about any activities or conspired to obstruct justice. In a deposition given to the Federal Attorney General on April 7, former President Lula stated the facts and denied the charges made by the former Senator.
Senator Delcídio did not ofer any evidence, proof or testimony to support his conclusions LULA’S INTERROGATION On this link, the full statement by Lula to the investigators and police involved in Operation Lava Jato provided when he was coerced into testifying at Congonhas airport on 4 March 2016.
http://www.institutolula.org/leia-a-integra-do-depoimento-de-lula-a-pf- -em-14-03.
http://media.wix.com/ugd/8582cc_6b464bef07624c13b9f83b67ad951fc2.pdf
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