RIO DE JANEIRO, BRAZIL – The Court, recognized the legality of income received by Lula’s deceased wife, from lecture fees received by ex-president Luiz Inácio Lula da Silva to contractors under investigation in Operation Lava Lato. It also released the part of the blocked funds and assets belonging to the decedent’s estate.
The September 24th ruling was handed down by Judge Gabriela Hardt, of the 13th Federal Circuit Court of Curitiba, and refers to an appeal from the defense counsel of the late former First Lady Marisa Letícia over the release of half of the blocked financial assets.
“As for the other half belonging to Luiz Inácio Lula da Silva, the block should be maintained, be it because there is no reason to discuss its fate in these third party injunctions, or because this same half may eventually be the subject of assurance measures and/or future defeat in other proceedings, considering the criminal lawsuits in progress and the criminal convictions that weigh against the former president,” the judge pointed out.
In Friday’s decision, Gabriela Hardt released over R$4.8 million (US$960,000), belonging to Marisa Letícia’s estate, who died in 2017.
Lack of evidence
In support of her decision, the judge mentioned that the Federal Police (PF) investigated the suspected unlawfulness of amounts received by Lula for the lectures he gave. Gabriela Hardt quoted the PF’s conclusion, dated December 2019, regarding the high level of criminal evidence in contracting Lula’s lectures.
Hardt also mentioned the Federal Prosecutor’s Office (MPF) statement, agreeing with the Federal Police’s final report on the absence of sufficient evidence in relation to Marisa’s income and assets to support the indictment, thereby promoting the dismissal on the merits.
“The justification for maintaining the block on the entirety of Lula’s financial assets was based on the suspicion of crimes surrounding the lectures delivered by the ex-president. However, the police authority found no evidence (with regard to Marisa) in this respect, with which the MPF agreed. For such reasons, the full block of such amounts can no longer be sustained,” she said in the decision.
The judge further said that “there is no right to share the proceeds or advantages of a crime. However, since there was no evidence that the blocked amounts [belonging to Marisa] had an illegal source, their legality must be presumed, and the share that belongs to the appellant [Lula’s deceased wife] must be safeguarded.”
In this decision, the judge ruled that Lula could retain possession of a number of properties until a next decision, among them three apartments and a plot of land. Furthermore, she authorized the sale of two vehicles with a payment into court of 50 percent of the amount and the unblocking of funds.
The decision is subject to appeal and therefore the funds have not yet been unblocked. The MPF has not yet appealed the decision.
Lava Jato convictions
Ex-president Lula was convicted twice in Operation Lava Jato in Curitiba, in the cases of the Guarujá triplex and the Atibaia (SP) country home. Lula is awaiting judgment in a third proceeding, which involves a plot of land and an apartment in São Paulo.
The other side
Ex-president Lula’s attorney Cristiano Zanin said that he had long ago proved that the lectures were lawful, along the lines of those given by other ex-presidents of the republic, including the United States.
“This decision is the admission that Lava Jato has for five years converted clearly legal events into illegal activities, in a clear demonstration of the practice of lawfare, which is the strategic use of law to target adversaries and opponents. Evidence that the lectures held were lawful has been available for a long time, yet to this day Lava Jato is still blocking Lula’s honestly earned funds with these lectures,” says the note.
Source: G1