Judge Orders Brazil’s Ex-President ‘Lula’ to Begin Prison Term on Friday
By Shasta
Darlington, NY Times, April 5, 2018
A federal
judge on Thursday ordered former President Luiz Inácio Lula da Silva of Brazil
to surrender to the authorities by Friday afternoon to start serving a 12-year
prison sentence on a corruption conviction.
judge on Thursday ordered former President Luiz Inácio Lula da Silva of Brazil
to surrender to the authorities by Friday afternoon to start serving a 12-year
prison sentence on a corruption conviction.
 |
|
The
former president of Brazil, Luiz Inácio Lula da Silva, will start serving a 12-year prison sentence for corruption on Friday.
Credit Miguel
Schincariol/Agence France-Presse — Getty Images |
SÃO
PAULO, Brazil – The warrant was issued hours after the country’s top court
rejected Mr. da Silva’s bid to remain free while appeals of the conviction were
considered.
PAULO, Brazil – The warrant was issued hours after the country’s top court
rejected Mr. da Silva’s bid to remain free while appeals of the conviction were
considered.
A federal
judge, Sérgio Moro, wrote in the arrest warrant that Mr. da Silva would be held
in a special cell, outside of the general prison population, in consideration
of the “dignity of the office he held.” Mr. da Silva will be allowed to
surrender to the federal police in the southern city of Curitiba, where his trial
was held, Judge Moro said. He set Friday at 5 p.m. as the deadline.
judge, Sérgio Moro, wrote in the arrest warrant that Mr. da Silva would be held
in a special cell, outside of the general prison population, in consideration
of the “dignity of the office he held.” Mr. da Silva will be allowed to
surrender to the federal police in the southern city of Curitiba, where his trial
was held, Judge Moro said. He set Friday at 5 p.m. as the deadline.
Mr. da
Silva’s Workers’ Party remained defiant on Thursday, vowing that he would still
run for a third term in October, despite the Supreme Federal Court’s 6-to-5
ruling early Thursday that he could not remain free pending further appeals.
Silva’s Workers’ Party remained defiant on Thursday, vowing that he would still
run for a third term in October, despite the Supreme Federal Court’s 6-to-5
ruling early Thursday that he could not remain free pending further appeals.
The
president of the Workers’ Party, Senator Gleisi Hoffmann, told
journalists that Mr. da Silva had not given up on his quest to
return to the presidency. “Lula remains our candidate, first of all because he
is innocent,” she said. “If he is jailed, we will consider him a political
prisoner and we will be by his side.”
president of the Workers’ Party, Senator Gleisi Hoffmann, told
journalists that Mr. da Silva had not given up on his quest to
return to the presidency. “Lula remains our candidate, first of all because he
is innocent,” she said. “If he is jailed, we will consider him a political
prisoner and we will be by his side.”
Mr. da
Silva, 72, kept a low profile on Thursday, receiving a string of visitors in
his office at the Lula Institute in São Paulo, including party leaders and his
handpicked successor, former President Dilma Rousseff.
Silva, 72, kept a low profile on Thursday, receiving a string of visitors in
his office at the Lula Institute in São Paulo, including party leaders and his
handpicked successor, former President Dilma Rousseff.
While Mr.
da Silva is not the first Brazilian leader engulfed in scandal — former
President Fernando Collor de Mello stepped down to avoid being impeached in
1992 and Ms. Rousseff was impeached on charges of manipulating the budget to
hide economic problems — his fall is striking nonetheless. He left office eight
years ago with a record approval rating of 87 percent, and he has held an ample
lead in polls for October’s presidential election.
da Silva is not the first Brazilian leader engulfed in scandal — former
President Fernando Collor de Mello stepped down to avoid being impeached in
1992 and Ms. Rousseff was impeached on charges of manipulating the budget to
hide economic problems — his fall is striking nonetheless. He left office eight
years ago with a record approval rating of 87 percent, and he has held an ample
lead in polls for October’s presidential election.
Mr. da
Silva’s imminent imprisonment also sends a chilling message to other prominent
political figures caught up in corruption investigations. The threat of jail
time has been one of the most important tools in the large-scale investigation
known as Lava Jato, or Car Wash, which has ensnared not only Mr. da Silva, but
also dozens of business and political leaders, including President Michel
Temer.
Silva’s imminent imprisonment also sends a chilling message to other prominent
political figures caught up in corruption investigations. The threat of jail
time has been one of the most important tools in the large-scale investigation
known as Lava Jato, or Car Wash, which has ensnared not only Mr. da Silva, but
also dozens of business and political leaders, including President Michel
Temer.
Last
July, Mr. da Silva was convicted on
corruption and money laundering charges and sentenced to almost 10
years in prison. In January, an appeals court unanimously upheld the
conviction and increased the sentence to 12 years. Mr. da Silva
maintains that the prosecution was an underhanded ploy masterminded by rivals
to keep him off the ballot.
July, Mr. da Silva was convicted on
corruption and money laundering charges and sentenced to almost 10
years in prison. In January, an appeals court unanimously upheld the
conviction and increased the sentence to 12 years. Mr. da Silva
maintains that the prosecution was an underhanded ploy masterminded by rivals
to keep him off the ballot.
The
Supreme Federal Court, in denying Mr. da Silva’s request to remain free, upheld
a 2016 ruling that allows trial judges to jail defendants after an initial
appeal has been rejected.
Supreme Federal Court, in denying Mr. da Silva’s request to remain free, upheld
a 2016 ruling that allows trial judges to jail defendants after an initial
appeal has been rejected.
Ms.
Hoffmann, who also faces corruption charges, said her party’s first course of
action will be to pressure the court to revisit a constitutional question:
whether defendants may be imprisoned before they have exhausted all appeals.
Hoffmann, who also faces corruption charges, said her party’s first course of
action will be to pressure the court to revisit a constitutional question:
whether defendants may be imprisoned before they have exhausted all appeals.
Brazil’s Constitution
says that “no one will be considered guilty until all of the appeals of the
criminal conviction have been exhausted.” Until 2016, when the courts
reconsidered the issue, defendants with money and influence could drag out
their prosecution for years without going to jail.
says that “no one will be considered guilty until all of the appeals of the
criminal conviction have been exhausted.” Until 2016, when the courts
reconsidered the issue, defendants with money and influence could drag out
their prosecution for years without going to jail.
During
the court hearing, which began on Wednesday and stretched into early Thursday,
some of the justices suggested that they were open to revisiting the issue
outside Mr. da Silva’s case, which subjected them to tremendous pressure from
supporters and critics of the former leader.
the court hearing, which began on Wednesday and stretched into early Thursday,
some of the justices suggested that they were open to revisiting the issue
outside Mr. da Silva’s case, which subjected them to tremendous pressure from
supporters and critics of the former leader.
In a
statement, Mr. da Silva’s defense team declared that the court’s decision
contravenes the presumption of innocence guaranteed in the Constitution,
violating “the dignity of the human person and other fundamental guarantees.”
statement, Mr. da Silva’s defense team declared that the court’s decision
contravenes the presumption of innocence guaranteed in the Constitution,
violating “the dignity of the human person and other fundamental guarantees.”
Thursday’s
ruling had no direct bearing on Mr. da Silva’s eligibility as a candidate. The
Supreme Electoral Tribunal will determine the eligibility of candidates
starting in August, and it is widely expected to reject Mr. da Silva’s bid
under the “clean slate” law, which deems candidates unfit to run if they have
been convicted of a crime and lost an appeal.
ruling had no direct bearing on Mr. da Silva’s eligibility as a candidate. The
Supreme Electoral Tribunal will determine the eligibility of candidates
starting in August, and it is widely expected to reject Mr. da Silva’s bid
under the “clean slate” law, which deems candidates unfit to run if they have
been convicted of a crime and lost an appeal.
Mr. da
Silva could appeal the electoral court’s decision. Experts say his chances of
making it onto the ballot are slim to none — but some think that could work in
his party’s favor.
Silva could appeal the electoral court’s decision. Experts say his chances of
making it onto the ballot are slim to none — but some think that could work in
his party’s favor.
“They
have the victim card on their side, they’re going to play that,” said Monica de
Bolle, a Brazil expert at the Peterson Institute for International Economics.
have the victim card on their side, they’re going to play that,” said Monica de
Bolle, a Brazil expert at the Peterson Institute for International Economics.
According
to Lincoln Secco, a historian at the University of São Paulo who has studied
the evolution of the Workers’ Party, Mr. da Silva will ultimately select and
support a replacement candidate, and can rally support by presenting himself as
a political prisoner.
to Lincoln Secco, a historian at the University of São Paulo who has studied
the evolution of the Workers’ Party, Mr. da Silva will ultimately select and
support a replacement candidate, and can rally support by presenting himself as
a political prisoner.
“He will
connect his arrest to a condemnation of the ideas he supports, of his social
policies,” Mr. Secco said.
connect his arrest to a condemnation of the ideas he supports, of his social
policies,” Mr. Secco said.
