RIO DE JANEIRO, BRAZIL – In an opinion on former president Luiz Incio Lula da Silva’s appeal to the Superior Federal Court (STJ) to overturn his conviction in the Guarujá triplex penthouse case, assistant prosecutor-general Nívio de Freitas Silva Filho argues there is no way to say that former judge and current Justice Minister Sérgio Moro was biased. He contends that the leftist’s petition should be denied.
He supports his argument on two main issues. Firstly, the conversations attributed to the then judge and now Minister of Justice and Public Security and to the prosecutors of Operation Lava Jato, published on The Intercept Brasil website and included in the records by Lula’s lawyers, could not be used as evidence, because they were illegally obtained.
And secondly, even if they were considered legal, there is nothing in them that would describe the bias assigned to Moro by the defense.
Silva Filho also maintains that the former president’s conviction was reviewed and supported by two appellate courts: the 4th Region Federal Court (TRF-4) and the STJ itself.
Lula has been incarcerated since April 7th last year in the Federal Police facilities in Curitiba.
The opinion is part of the stage in which motions for clarification are filed, used to point out flaws or contradictions in judicial decisions.
In March, the STJ’s Fifth Panel reduced the sentence for former President Lula in the triplex case from twelve years and one month to eight years and ten months in prison .