Convicted Corruption Running for Office Again

A decision past a Supreme Court justice sets the stage for former President Luiz Inácio Lula da Silva to run against President Jair Bolsonaro in next year's presidential competition.

Former President Luiz Inácio Lula da Silva is widely expected to run against President Jair Bolsonaro.
Credit... Rahel Patrasso/Reuters

RIO DE JANEIRO — A Supreme Court justice in Brazil on Monday tossed out several criminal cases against onetime President Luiz Inácio Lula da Silva, restoring his right to seek the presidency again, in a decision with the potential to reshape Brazil's political future.

Mr. da Silva, a fiery leftist leader who led Brazil from 2003 to 2010, had been the front-runner in the 2022 presidential contest somewhen won past Jair Bolsonaro. Only the Supreme Court in April of that twelvemonth ruled that Mr. da Silva could not announced on the election as a result of a conviction in a abuse case handed downward in 2017.

With his political rights at present restored, Mr. Silva is widely expected to run against Mr. Bolsonaro in next year's presidential ballot.

The incumbent, a polarizing far-right leader who pays homage to Brazil's armed services dictatorship, would confront a formidable challenge in Mr. da Silva, widely known as "Lula" in Brazil, a former political prisoner who remains revered among poor Brazilians.

Mr. da Silva, 75, and many of his supporters have long argued that the criminal cases against him were politically motivated. Mr. da Silva was bedevilled of accepting a seaside flat equally part of a kickback scheme involving government contracts.

"Former president Lula was unjustly imprisoned, had his political rights disproportionately revoked and his assets frozen," Mr. da Silva's lawyers said in a statement.

Mr. da Silva was sentenced to 12 years in prison, merely a Supreme Court ruling in November 2022 allowed him to remain gratis while his appeals were pending.

The federal judge who oversaw that case, Sergio Moro, left the demote soon after Mr. Bolsonaro took function, and joined his chiffonier as justice minister.

The anti-corruption task forcefulness that investigated Mr. da Silva, which was based in the southern city of Curitiba, was disbanded earlier this yr amongst questions over ethical and procedural irregularities by its prosecutors.

On Monday, a Supreme Court justice, Edson Fachin, ruled that Mr. da Silva should never have been prosecuted in Curitiba. The conclusion, which covers four criminal cases, did not represent an acquittal of Mr. da Silva. The attorney full general'south office said presently afterwards the determination was handed downwardly that information technology would seek a ruling from the full court.

Justice Fachin said the former president could yet face charges if prosecutors in the capital, Brasília, decide to take on some of the vacated cases. Mr. da Silva faces three other abuse cases in Brasília, which have not all the same reached a verdict.

The decision of the judge to toss the cases stunned Brazil'southward political establishment, rattled the stock marketplace and gear up off a flurry of predictions about adjacent year's presidential race.

"In Brazil, even the past is uncertain!" onetime President Fernando Collor marveled on Twitter.

Political allies abroad celebrated the prospect of a comeback by Mr. da Silva, who convinced many leftist leaders around the world that the cases against him were a form of what he and his defence force term chosen "lawfare."

"Justice has been done!" President Alberto Fernández of Argentina said in a statement, arguing that the cases confronting Mr. da Silva had been pursued "solely with the aim of persecuting him and eliminating him from the political contest."

Mr. da Silva was the highest-profile target of a wide ranging corruption investigation that began in 2022 and upended Brazil's political and business establishment for years.

Mr. Moro, a 48-twelvemonth-old career judge, became the virtually visible figure in the crackdown, which many Brazilians ardently supported initially, seeing it a ways to accost the state'due south endemic civilisation of corruption.

Merely Mr. Moro'south star has dimmed in the past few years as his motives and ethics have been called into question. Many saw his decision to join the cabinet of Mr. Bolsonaro — with whom he had a falling out final April — as undermining the integrity of his work as a judge.

Mr. da Silva's defense got a major lift in June 2022 when Intercept Brasil, an online news site, published leaked messages exchanged amongst prosecutors and Mr. Moro. The messages showed Mr. Moro gave prosecutors tips and strategic guidance, in violation of rules of comport for judges in Brazil.

Mr. Moro declined to comment on Monday evening.

Mr. da Silva, a former union leader who got his start in politics by challenging the armed forces dictatorship that would imprison him, became the land'south nearly popular leader since democracy was reinstated in the mid-1980s.

He governed during a period when Brazil'southward economic system flourished as article prices rose, a boom Mr. da Silva used to elevator millions out of poverty and expand access to higher educational activity for marginalized communities.

Just his administration was also indomitable past corruption scandals. Many close allies were prosecuted for their office in enormous kickback schemes that unveiled a organisation of institutionalized graft involving some of Brazil's largest companies.

Throughout Mr. Bolsonaro's tumultuous presidency, opposition parties have failed to coagulate around a politician who could challenge him next yr. That likely leaves Mr. da Silva singularly qualified to mount a comeback as Brazil reels from the brutal toll of coronavirus pandemic.

Mr. Bolsonaro on Monday called the prospect of a new presidential bid by Mr. da Silva disastrous.

"I think Brazilian people won't desire to have a candidate like him in 2022 and let'south non even think about his possible ballot," the president told reporters.

Ernesto Londoño reported from Rio de Janeiro, and Letícia Casado from Brasília.

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Source: https://www.nytimes.com/2021/03/08/world/americas/brazil-lula-supreme-court.html

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