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Workers' Party Requested Habeas Corpus for Lula upon Discovering which Judge Was on Duty

07/10/2018 - 11h55



Members of the Workers' Party (PT) who authored the petition calling for Lula's release found it unlikely that their request would be granted, but they meticulously crafted a strategy to undermine the justice system and convert a judicial defeat into a political win.

Paulo Pimenta (PT-Rio Grande do Sul), Wadih Damous (PT-Rio de Janeiro) and Paulo Teixeira (PT-São Paulo) came up with a plan to get judge Rogério Favreto - a critic of judge Sergio Moro and acting chairman of the TRF-4 court from July 4th to July 18th - to analyze their habeas corpus request.

Foto: Sylvio Sirangelo/TRF4 numerogaleria
Judge Rogério Favreto
Judge Rogério Favreto

At the beginning of last week, Paulo Pimenta was notified that Favreto would be in charge of the court over the weekend.

He contacted Mr. Damous, a former president of the Order of Brazilian Attorneys in Rio de Janeiro, and told him that they needed to elaborate a petition that would fall into the hands of the TRF-4 judge.

They predicted that their petition would be defeated, but that the episode would help convey the notion that the Brazilian judicial system is not treating former president Lula fairly.

Getting Judge Moro, who was on vacation, to make phone calls to police agents requesting that they refuse to carry out the warrant, was considered a bonus.

Lula's formal defense wanted to conduct the appeal differently, attempting to obtain a legal victory instead of a political one.

On Friday (the 6th), the work hours of the TRF-4 court were reduced, and the court closed at 2pm due to Brazil's World Cup game. Any petition filed after 2pm would fall in the hands of Judge Favreto.

On Monday (the 9th), members of the Workers' Party drew up a calendar of demonstrations and some militants even defended the idea of launching a 13-point program that voters could relate to.

The program would try to convey the idea that freeing former president Lula means freeing the country from policies that trample workers' rights.

Whether or not Lula is in jail, in legal terms his situation is not in accordance with the Clean Slate Bill, and therefore he cannot participate in the coming election.

The Workers' Party convention also decided that the party would go to the National Justice Council (CNJ) and take legal action against Moro, requesting that the judge be removed from the Lula case.


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