Justice Fachin Orders Trial Court in Lula Institute Case to Apply Recent STF Decision

RIO DE JANEIRO, BRAZIL – Justice Edson Fachin, rapporteur of Lava-Jato cases in the Federal Supreme Court (STF), determined on Wednesday, August 28th, that the lawsuit involving the institute that bears Lula’s name is to return to the stage of final briefs.

The Lula Institute’s lawsuit was ready for its final hearing at the 13th Federal Court in Curitiba. With the reopening of deadlines for final briefs, the case returns to the previous stage, thus confirming the Task Force claim that now “virtually all” Lava Jato convictions may be reviewed or overturned.

The decision was made in accordance with the decision on Tuesday by the STF’s Second Panel. The justices overturned the conviction of former Petrobras, and Banco do Brasil CEO Aldemir Bendine in the judgment of his appeal, due to the fact that a joint deadline for filing final briefs was set for all parties, with no distinction set between accusers and defendants.

It will, therefore, take longer for judge Luiz Antonio Bonat to decide whether or not to convince the former president.

Fachin further determined, to prevent procedural irregularities, that Lula’s defense counsel be granted access to all the material submitted by Odebrecht executives in their report, within fifteen days.

The justice’s decision was taken on an appeal that had been pending with the STF for some time. Lula’s counsel had only requested access to the Odebrecht material. But Fachin moved forward and immediately applied the Second Panel’s recent decision.

In that 3 – 1 decision, Fachin was the only dissenting vote against the annulment of Bendine’s sentence. Nonetheless, he clarified that the majority decision must be respected. “I was defeated, notwithstanding my not being persuaded by the majority opinion,” he wrote.

On Tuesday, the Supreme Court’s Second Panel overturned former judge Sérgio Moro’s decision to convict Bendine. Moro had sentenced the defendant to eleven years in prison, which was later reduced by the Federal Regional Court (TRF).

On Wednesday, Lula’s lawyers filed a habeas corpus petition at STF to overturn the convictions in the Atibaia site and Guarujá triplex lawsuits based on the decision on Bendine.

The lawyers, based on the same decision, further called for the annulment of the lawsuit on the Lula Institute, which is also being conducted in the 13th Federal District Court of Curitiba.

Fachin’s current decision, however, is not related to the habeas corpus petition.

Defense counsel of former minister José Dirceu and former PT treasurer João Vaccari are also evaluating whether to request the annulment of their sentences, based on the Second Panel’s decision.