Supreme Court Justice (STF) Edson Fachin overturned all convictions of former Brazilian President Lula da Silva resulting from Operation Lava-Jato. The decision, which is not yet final, restores the political rights of the former head of state, who is still free to run for president again.
Fachin justified the decision with the incompetence of the Curitiba court, which had convicted Lula in three cases in which the former president was accused of corruption and money laundering. According to the judge’s decision, the court of first instance was not the “natural judge” of the cases against the former president. It was federal judge Sergio Moro who first sentenced Lula in July 2017 for having benefited from construction work on a triplex apartment in Guarujá under the responsibility of the construction company OAS.
The cases are now in the hands of the federal district courts, which are responsible for deciding whether the evidence and testimony gathered during the investigation phase can be reused.
Fachin’s decision is in response to a habeas corpus request tabled by Lula’s defense in November, Folha de S.Paulo says.