Fourth former president to be arrested since the redemocratization of Brazil, (PL) to 27 years and 3 months, a rigid penalty than the one (PT), whose convictions, before being annulled ,.
The petista went and spent more than a year detained in a cell at the headquarters of the Federal Police in Curitiba. He was convicted in two lawsuits: the first related to, in which he was accused of receiving bribes through the reform of the site; and the second in, in which he was also accused of being contemplated with illegal improvements on the property.
The current chief executive was arrested on the basis of the STF’s decision that allowed a defendant convicted in the second instance to begin to serve a sentence. In November 2019, however, and defined that the accused are entitled to await the end of the case (the res judicata, when no further appeals) in freedom. Therefore, .
In 2021, there was a turnaround in the cases, which allowed the petista to launch a new candidacy for the presidency. First, the then Minister of the Supreme Court with the argument that the processes should not have been in Paraná, but in the Federal District. Then the Supreme considered that he acted partially in the triplex case, invalidating evidence that had been collected.
The measures were taken by the Court after the disclosure of messages showing performance between the Lava Jato task force prosecutors and then Judge Sergio Moro, today senator by União Brasil-PR.
After changing the understanding of the Supreme Court, some of the actions returned to the first instance. In 2023, however, former court minister Ricardo Lewandowski, now Minister of Justice, ordered the closure of these investigations when considering the illicit evidence.
Currently there are no active processes against Lula resulting from the operation. There are cases where he was acquitted, and others in which the accusation prescribed.
Bolsonaro, in turn, was convicted of the crimes of coup, abolition of the Democratic Rule of Law, armed criminal organization, qualified damage to public assets and deterioration of overturned assets. The initial regime is closed. The defense of the former president said the penalty is disproportionate and even in the international level.
In addition to Bolsonaro and Lula, the former presidents and also were arrested after Brazilian redemocratization in cases related to corruption. Temer cases did not result in conviction, and Collor is home to house arrest.
Remember below what happened to the open criminal actions against Lula. In all of them, the defense of the current president refuted the accusations.
- CERVERÓ CASE:
When it became a defendant: July 2016
The accusation: Lula was a defendant on charges of obstructing justice by allegedly trying to buy the silence of a former Petrobras director Nestor Cerveró.
The outcome: In 2018, the Federal Court in DF and acquitted it.
- Guarujá triplex
When he became a defendant: September 2016
The accusation: Lula was convicted in the first instance by then Judge Sergio Moro for the accusation of receiving bribes from the construction company OAS through the renovation of a triplex. In 2019, the STJ confirmed the conviction and fixed the petista sentence for 8 years and 10 months.
The outcome: The case was sent to the DF in 2021 and then, before, the Supreme Court stated that Moro’s performance in the process was partial and nullified evidence.
- Janus Operation
When it became a defendant: October 2016
The accusation: Lula was accused of receiving money through a nephew from his first woman to influence contracts signed between BNDES and construction company Odebrecht in Angola. The petista was denounced for active and passive corruption, money laundering, influence trafficking and criminal organization.
The outcome: The Federal Regional Court of the First Region, based in Brasilia ,. The judges understood that there were no elements for the continuation of the action.
- Lula Institute
When he became a defendant: December 2016
The accusation: Lula became a defendant on charges of passive corruption and money laundering by, according to the complaint, receiving a bribe from Odebrecht through the purchase of land for the Lula Institute’s headquarters in São Paulo.
The outcome: The case was sent to the DF in 2021, when it was also suspended by the STF. The Court also decided to block evidence from the Odebrecht Collaboration Agreement. In 2023, Lewandowski, at the time in the Supreme Court, determined the closure of the action on the grounds that the evidence was illicit.
- Operation Zelotes
When he became a defendant: December 2016
The accusation: The complaint filed with the DF stated that Lula committed money laundering, influence trafficking and integrated criminal organization for being part of a scheme to benefit companies in buying fighters.
The outcome: After more than five years of processing, Lewandowski decided to suspend because he understood that the DF attorneys were articulated with those of Paraná to make “artificially accusations.” The following year, he ordered the closure of the action. - Atibaia Site:
When he became a defendant: August 2017
The accusation: Lula was sentenced in the second instance to 17 years and 1 month in prison on charges of corruption and money laundering through renovations and improvements played by the OAS and Odebrecht contractors on the rural property he attended in the interior of Sao Paulo.
The outcome: The process was sent to the DF in 2021 before, the Supreme Court stated that the case had no direct connection with Petrobras and should not be processed in Paraná.
- Operation Zelotes 2
When he became a defendant: September 2017
The accusation: Lula becomes a defendant on charges of passive corruption for favoring companies in the edition of Provisional Measure 471, 2009
The outcome: According to the decision of Judge Frederico Botelho Viana, the investigation did not “convincingly demonstrated” as Lula and former chief of staff Gilberto Carvalho “would have participated in the allegedly criminal context.”
- Quadrillion
When it became a defendant: November 2018
The accusation: Lula became a defendant on charges of joining criminal organization to collect bribes (the case was called the “PT Quadrillion”).
The outcome: Justice, including Lula and Dilma Rousseff, understanding that the complaint was an attempt to criminalize political activity.
- EQUATORIAL GUINEA
When he became a defendant: December 2018
The accusation: The petista was accused of money laundering through donations made to the Lula Institute by contractor ARG, who had business in Africa. - The outcome: It was processed in São Paulo. Judgment of the Federal Regional Court of the 3rd Region cited the annulment of evidence obtained from decisions of Sergio Moro: “Once declared null, it contaminates all subsequent acts, such as the result of poisoned tree fruits doctrine.”
- Odebrecht bribes
When he became a defendant: June 2019
The accusation: Lula was accused of accepting, according to the prosecutor at the time, R $ 64 million from Odebrecht in 2010. The money, the accusation said, was a counterpart to the increase in the credit line to finance the export of goods and services from Brazil to Angola.
The outcome: In 2021, the federal judge at DF Frederico Botelho Viana had the criminal action lock. It was considered for the decision to annul the STF of the evidence obtained in investigation with the performance of Moro.
- Donations to the Lula Institute
When he became a defendant: October 2020
The accusation: In Paraná, addressing the alleged money laundering from Odebrecht through donations to the former president’s institute.
What happened: The case was sent to the DF in 2021, when the STF was suspended. In 2023, Lewandowski ordered the closure of investigations on the grounds of existence of illicit evidence.
