segunda-feira, 8 de janeiro de 2018

to understand "Lula's triplex" case.

It is necessary to repeat: with no evidence, Moro condemned Lula on the basis of informing
- January 6, 2018

Everyone knows why TRF-4 has accelerated its schedule and marked for next 24th trial the appeal of former president Lula against the conviction of Judge Sérgio Moro. The coalition of the coup, could not produced by a conservative candidate capable of defeating Lula, needs unfeasible from presidential dispute. His return represents not only the complete failure of the coup but an interruption of his anti-people and anti-national neoliberal program. It also seems clear that one can not expect a fair and impartial trial of the three men in a court whose president has already considered Moro's sentence "a priori" as irreproachable, and in which the proselytizing chief against the former president in social network . But in order to broaden a popular understanding of an orchestrated persecution against Lula, what is the law of his lawyers, it is not enough to proclaim that he was condemned without evidence, for a non-existent crime: a possession of an apartment that does not have, neither in fact nor in paper. It must be remembered that Moro, having no evidence, condemned it based solely on the word of an informer. In a detraction that has been torn from forceps, in a prolonged moral and psychological torture against the former president of the OAS, Leo Pinheiro.

A flurry of accusations against Lula has been shot against a population in recent years through a flood of news on television and in all media. As charges are cast in series, so that he would be perceived as the great wrongdoer, although there is no public government. Now, favoring port companies, after escaping two denunciations by buying votes. In this turmoil, many no longer know what a sentence is about to discuss on the 24th, and even so, declare a preference for Lula in the polls. Lava Jato capriciously sought out Leo Pinheiro's demarcation, in the wake of already forgotten facts that he did not leave to the objective: without evidence, as well as a demarcation to the cause of a condemnation of Lula and consequently his ineligibility.

Recall a sequence that led Léo Pinheiro, until the friend of the former president, one become a traitor.

-It was first published in November 2014 but in April 2015 the STF ordered that it be put under house arrest. Sentenced to 16 years in prison by Moro, he began to negotiate an award agreement with a reduction in his sentence.
-In June of 2016 Pinheiro gave testimony to Moro and to prosecutors of Lava Jato, in which he anticipated the general lines of the denunciation that would make, revealing payments of the contractor to many politicians. But as there would be no reference to Lula, in the proposed agreement to be refused. In August as negotiations on delation with closed. Lula's defense demanded clarification on news that they were being questioned because of an informer and was not willing to incriminate him.
-Two weeks later, Leo Pinheiro was again arrested, according to Moro in the name of the guarantee of public order, convenience of criminal investigation and security of the application of criminal law. "It began to pressure what you are looking for Lula and opts as owner of the apartment of Guarujá.
-In November, his pen was increased in 10 years, rising to 26 years.
-Finally in April 2017 Leo Pinheiro surrenders to Moro and attends Lava Jato. He states that when the OAS acquired the venture, he learned that the triplet was reserved for the former president and only dealt with Joao Vacari, never with Lula. That at OAS, this is how it was treated. That they were made as reforms and depleted of the tip that the PT had received from the OAS.

A defense of Lula presented the document by which an OAS already gave the apartment as a guarantee to a banking institution. This was living proof that the OAS was still owned by the property but was not taken into account. Even saying that the apartment was Lula, Pinheiro says no, see an issue of the document that gave it as a guarantee.

Based solely on Pinheiro's denunciation, ignoring other statements by OAS officials and like 87 defense witnesses presented by Lula, Moro condemned him for passive corruption and money laundering to 9.5 years in prison. He added the value of the apartment with the rules to indicate the value of the supposed tip.

Leo Pinheiro made yet another accusation to Lula: that, having asked if he had made payments to the PT, and in the affirmative answer, he ordered that he destroy the evidence and records that he had.

His testimony is not yet over when real-time news portals have started publishing snippets of his dement, especially what and related to the apartment. Only fireworks were missing.
Now it is only the confirmation of the sentence, based solely on a demarcation, by the TRF-4, so that the game shall be concluded and Lula shall be out of the electoral dispute. The fragility of Moro's sentence, based solely on the dementation of a man desperate to reduce a sentence of 26 years in prison, must be remembered and denounced to the four corners of the world, expanding the insurgency against injustice and persecution, as lawyers do , intellectuals, politicians and artists who signed the manifesto "Election without Lula is fraud" (*). 

The use of the prized delation, as a single proof to condemn, is criticized by renowned jurists but I will only pick up the quotation from the proceduralist Geraldo Prado:
  "There is nothing in the prized delation that can, even timidly, associate it with the accusatory model of criminal procedure. On the contrary, the less remote antecedents of this institute can be searched in the Manual of Inquisitors. Throwing the weight of the fact-finding on the shoulders of suspects and arbitrarily canceling the condition that all people have, without exception, being holders of fundamental rights, is to tread the way back to the Inquisition. In neo-feudal times, this is not surprising. "
Not surprising, but it must outrage those who do not cope with tyranny, even toga.

translated from original in portuguese: 


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