in defence of FORMER PRESIDENT LULA

#StandWithLula

While trying to find a crime - any crime - to convict Lula in the courts, opponents of ’s most important political leader engage in a trial by media, in the most extraordinary defamation campaign against a public figure in the history of the country.

For more than 40 years in pub- vestigators, Federal tax authorities travel, what aircraft was used, who lic service, every aspect of former and even judges have been fran- accompanied him, where he stayed President Lula’s life has been thor- tically engaged in this process, in and with whom he spoke, includ- oughly vetted: political, fiscal, finan- complicity with the monopolies in ing heads of state and government. cial and even his personal life. No the media and professionals of du- They investigated the lectures and Brazilian politician has ever been bious journalistic reputation. even the gifts that Lula received investigated for so long: by the se- In the absence of formal charges, when he was president. curity agents of the dictatorship, the since Lula has always acted within And they found absolutely noth- press, his political opponents and, the law, they foment a trial by media ing to link Lula to the by congressional committees dur- that is unfair and unbalanced - with- corruption scandal, the Lava Jato ing his two terms. out the right of response or rebuttal. investigaton or any other illegal Despite the false charges that he Rumors, inferences and selective in- activity. No questionable depos- has suffered, nothing has ever been vestigative leaks are released with its no offshore accounts, no front shown to be wrong with Lula’s life great fanfare, a true moral and polit- companies, not one penny was not because he has always acted with- ical lynching. honestly earned and declared for in the law - before, during and after It is clear that the goal of the mass the payment of taxes. having been president of Brazil. media and the most retrograde sec- Not even the confessed defend- Only the dictatorship dared to con- tors of Brazil is to take the former pres- ants in the Lava Jato investigation, vict and jail Lula in 1980, under the ident to Court in an obvious attempt who made deals for reductions in infamous National Security Law. His to keep Lula from being able to partic- criminal and financial penalties in crime of “subversion” was fighting ipate in the Brazilian political process. exchange for information, dared to for democracy and the rights of They violated Lula’s banking and say that Lula participated directly workers. fiscal records, and those of his fami- or indirectly in the Petrobras cor- Since the re-election of President ly, his public-speaking company and ruption scandal. And this is terribly , in October 2014, the Lula Institute. They electronically frustrating for the hunters of the Lula has become the target of a ver- wiretapped Lula’s calls, those of his former president. itable judicial witch-hunt. Politicized family, his staff and even those of In the absence of proof, evidence agents of the state, the Public Prose- his attorneys. In the early morning or reliable witnesses, Lula’s perse- cutors Office, the Federal Police and hours they raided and searched Lu- cutors submit the former president the Judiciary, were mobilized to try la’s house, the homes of his children to a number of arbitrary constraints and find a crime - any crime - with and the Lula Institute. that violate not only his constitu- which to charge Lula and try him in They investigated all of the inter- tional rights, but the principles of the courts. national travel by the former presi- the democratic rule of law, threat- Dozens of prosecutors, police in- dent – to discover who paid for the ening the entire society. Over these two years, these rights of the LULA: LEGAL authorities that found nothing irregular in the former president TARGET PRACTICE Lula Institute or the LILS have been The successive and arbitrary attacks company; on Lula occured in an atmosphere of a • Breaking the seal of the violated: legal and quasi-legal attack on several fiscal and banking accounts • the right to fair treatment and the different fronts simultaneously, which held by Lula, the Lula, presumption of innocence; suggests an orchestrated persecution. Institute, the LILS company Over these two years, the former and 12 individuals and • the right to an impartial judge 38 companies owned by President, his family, the Lula In- and a fair prosecutor; people connected to the stitute and his LILS speaking com- • the right to examine the contents former President; pany have become the object of: of the investigations and full • Access to telephone and access to the charges, which communications over has been recognized by the • 3 investigations opened the internet by Lula, his National Council of the Public by federal prosecutors for family, the Directors of the Prosecutor’s Office; alleged (and nonexistent) Lula Institute; even Lula’s • the right to confidential charges concerning real estate attorneys were affected by communications with lawyers; that Lula does not own and this illegal activity; as recognized by Supreme Court lectures giveni n accordance with the law; • 38 search and seizure Justice Teori Zavaski; warrants were executed • the right to confidential • 1 criminal prosecution in the homes of Lula and telephone communications; also concerning the same facts, his family, employees and recognized by Supreme Court charged by State Prosecutors directors of the Institute, Justice Teori Zavaski; of the State of São Paulo; people connected to him, carried out with the abuse • the right to preserve the • 1 investigation opened by of authority, illegal seizures confidentiality of his personal Federal Prosecutors in Brasilia, and sequester of the e-mail financial, fiscal and banking concerning the international server of the Lula Institute; data entrusted to agencies of the travels of the former President; state and the Justice system; • 1 investigation by the Federal Politically motivated agents of the • the right not to be investigated Prosecutor-General to State carried out a veritable target indefinitely beyond legal investigate facts related to practice, attacking the Lula Insti- Lava Jato Operation; or reasonable limits for the tute simultaneously on several le- reporting or presentation of • 1 criminal investigation gal fronts for the same allegations, charges; proposed by the Federal which is unconstitutional, as well Prosecutor General for the • the right to privacy and the as an affront to the universal prin- preservation of his image, alleged (and nonexistent) ciples of law, adopted by Brazil in provided for in Article 5 of the attempts of the obstruction of Constitution of Brazil. Justice; international treaties. For example: the Attorney Gener- • the right to reply in the media; • 1 criminal investigation proposed by the Federal al of the Republic, Rodrigo Janot, • the political right to engage in Prosecutors in Brasilia to included the former President in public service, for which he has investigate alleged (and non- an investigation into corruption in always been prepared, denied existent) favors to one of the Petrobras by the Supreme Court. by Supreme Court Justice sons of the former president Gilmar Mendes; and even the in proposing Provisional At the same time, he requested the right to come and go, without Measures for approval by the transfer of the case to the Court of the risk of a warrant for his arrest Congress Judge Sergio Moro, for investiga- and no legal justification for his tions that deal with the same facts, forceful “invitation” to give a • 3 police investigations opened statement to the investigators by the Federal Police in Brasília which means a double investiga- and in Paraná; on March 4, 2016. tion of former President Lula. • 2 Federal Audits by the fiscal ARBITRARY Judge Sergio Moro illegally tapped him as if he has been convicted. and released private phone conversa- The result of the combined actions of AND ABUSIVE tions between former President Lula, the agencies of the State and mass me- PERSECUTION his wife, Marisa Leticia, and their chil- dia is the largest oppressive propagan- Over the last 12 months, Lula has dren, along with various interlocutors da operation ever made against a public given testimony 5 times to the Federal that have nothing to do with the facts figure in Brazil. It is a lynching in the legal Police and the Federal Attorney Gener- investigated, including a conversation system and the masss media and an in- al’s Office and offered written testimony with the President of the Republic, Dilma citement to hatred against the greatest to 2 investigations. Rousseff. Brazilian political leader in modern times. Despite having complied with all war- This illegal leak – expressly con- Lula is being persecuted because he rants and requests and having provided demned as such by Supreme Court Jus- cannot be beaten at the polls. And de- clarification to authorities voluntarily, on tice Teori Zavaski – was manipulated by spite the systematic legal-media smear March 4 of this year Lula was subjected the media in order to prevent Lula from campaign, Lula is still considered in the to an illegal, arbitrary, unjustified and assuming the post of Minister of the Civ- polls as the best President Brazil has ever coercive summons to make a statement il Cabinet (Chief-of Staff), to which had had, in addition to leading the opinion – truly a kidnapping by the Lava Jato Op- been nominated a few hours before the polls as a future presidential candidate. eration task force. unlawful disclosure. Lula was the target of a request for No Brazilian political leader had his LULA DOESN’T FLEE pre-trial detention, an even more illegal, or her private life, their bank accounts FROM JUSTICE; less justifiable and arbitrary action, by the or their movements so thoroughly State Prosecutors of São Paulo, which searched. This constitutes a real con- HE APPEALS TO was rejected by in the Courts for being spiracy against a private citizen, without JUSTICE. blatantly illegal. respect for his rights and denying him The former President Lula system- State agencies illegally leaked and the presumption of innocence. atically appealed the abuses and ar- are still leaking Lula’s banking and tax And after all this, there are no judicial bitrary decisions by State agencies records to the press, as well as those of charges against Lula: he is not even a and the media that publishes lies his family, the Lula Institute and the LILS defendant, but his accusers, in the appa- about him. Company. ratus of the State and in the media, treat Lula’s defense attorneys requested and obtained a hearing on Disci- Federal Attorney General’s office; Lula, by having published decisions plinary Procedures in the Nation- Presented an appeal to the Supreme prior to having been ratified, among al Council of Public Prosecutors Court contesting the decision by other reasons. against two public prosecutors who Justice Gilmar Mendes preventing Against his detractors in the media, worked in such a biased manner; him from assuming the post of Min- in Congress and in the underground He appealed to the CNMP and con- ister and Chief of Staff, even though networks of defamation, lawyers for firmed the illegality of the inquiry by Lula meets all the constitutional and the former President have presented: Public Procesutors from the state of legal requirements for the position; • 6 criminal complaints; São Paulo; Presented four requests for the re- Appealed to the Supreme Court and turn of personal property belonging • 6 criminal appeals; is now waiting for a decision regard- to his daughters-in-law and sons to • 9 lawsuits for moral damages; ing a civil injunction to determine Judge Sergio Moro that was illegally • 5 requests for criminal who is responsible for investigating seized by the Federal Police. investigations; the facts related to the Santa Barbara Presented to the Attorney General of • and made two requests for property and the Solaris Condomin- the Republic an appeal against the the right of reply, one of which ium; abusive acts and usurpation of juris- was accepted and another, Appealed to the Court of Justice of diction on the part of Judge Sergio against TV Globo still under São Paulo and is waiting for a deci- Moro; consideration by the court. sion regarding the judge’s decision Filed an appeal with the Supreme of the 4th Court on the same juris- Court against against the abusive The explanations to the courts and dictional challenge; acts and usurpation of the compe- society are due not from Lula but Presented a writ of habeas corpus tence of the Supreme Court on the rather from the prosecutors, Federal to the Supreme Court against the part of Judge Sergio Moro; police and judges that abuse their unjust decision of Supreme Court And presented on July 5, an excep- powers, along with the newspapers, Justice Gilmar Mendes, overturned tion of suspicion in relation to judge radio and TV stations that manipu- by the Supreme Court Justice Teori Sergio Moro that charges a lack of lated false news and made baseless Zavascki in his injunction against the impartiality in his actions involving accusations. THE TRUTH ABOUT THE ALLEGATIONS AGAINST LULA In depositions and arguments by the lawyers of the Lula Institute, the the owners and have nothing to do the objects in the presidential collec- former President has explained all with the Lava Jato investigation. tion illegaly, or commit any illegal act the facts, answered all of the ques- Complete information and docu- in the storeage of these objects. The tions and countered the claims of his ments about Atibaia and Lula’s par- note explains that Brazilian law requi- detractors. timony is shown at: res former Presidents to maintain and Lula began and left the Presidency http://www.institutolula.org/o-que-o preserve their collections, but does of the Republic with the same real esta- -ex-presidente-lula-tem-e-o-que-inven- not point to means and resources: te holdings that he had acquired throu- tam-que-ele-teria http://www.institutolula.org/acervo ghtthe fruits of his labor and a working -presidencial-querem-criminalizar-o life that began in his childhood. Lula’s speeches and lectures: since -legado-de-lula He has not hidden or under esti- he left the Presidency, Lula has made The report that part of the acquisi- mated his assets, he has no offsho- 72 lectures and been contracted by 40 tions have been used by Lula or that re accounts and has not registered different companies to speak in Brazil he took anything from the Presiden- goods in the names of other persons and abroad, with fees collected and ta- tial Palace is untrue. The magazine or companies in tax havens. xes paid through the LILS Company. that published this false report is the And he never participated or be- The fees and the contractual condi- same one that took down the rumor nefited, directly or indirectly, from tions were the same for each of the 40 in a story published in 2010: the Petrobras or any other corrup- companies: both the 8 under investiga- http://www.institutolula.org/epoca- tion scandal or any sort, not before, tion under operation Lava Jato and the faz-sensacionalismo-sobre-acervo- not during and not after having been remaining 32, including INFOGLOBO, que-ela-mesmo-noticiou-em-2010 the President of the Republic. owned by the family of Globo owner A brief summary of respon- Roberto Marinho. All lectures were Obstruction of Justice: former Pre- ses to the allegations, with an in- held, as shown in this report with the sident Lula has never conversed with dication of any documents to dates, places, contractors, themes, pic- former Senator Delcídio Amaral about prove the truth is shown below: tures, videos and news: any activities or conspired to obstruct http://institutolula.org/uploads/relato- justice. In a deposition given to the The apartment in Guaruja: Lula riopalestraslils20160323.pdf Federal Attorney General on April 7, does not own and has never owned former President Lula stated the facts apartment 164-A in the Solaris Con- Donations to the Lula Institute: the and denied the charges made by the dominium, because his family did not Lula Institute receives donations from former Senator. Senator Delcídio did want the apartment, even after it had individuals and corporations, accor- not ofer any evidence, proof or testi- been refurnished by the true owner. ding to the law, in order to maintain its mony to support his conclusions Complete information at: http://www. activities, and this has nothing to do institutolula.org/documentos-do-gua- with the Lava Jato investigations. The ruja-desmontando-a-farsa task force illegally released the names of some donors, but hid others and did LULA’s The retreat in Atibaia: Lula has ne- not tell the public how this money is INTERROGATION ver owned the Santa Barbara pro- used, which can be seen in the 2011 At this link, the full statement by Lula perty. The property was purchased - 2015 Activities Report of the Lula to the investigators and police invol- by friends of Lula and his family by Institute: http://www.institutolula.org/ ved in Operation Lava Jato provided certified check, which eliminates the conheca-a-historia-e-as-atividades-do when he was coerced into testifying at possibility of money laundering and -instituto-lula-de-1993-a-2015 Congonhas airport on 4 March 2016. concealment of assets. The costs of http://www.institutolula.org/leia-a-in- any construction and/or refinishing Presidential collection: the former tegra-do-depoimento-de-lula-a-p- work on the property were borne by President Lula did not keep any of f-em-14-03 Publisher responsible in law: Sharan Burrow, General Secretary

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