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Brazil Supreme Court Paves Way for Release of Ex-President ‘Lula’ | Brazil Supreme Court Paves Way for Release of Ex-President ‘Lula’ |
(about 1 hour later) | |
RIO DE JANEIRO — Former President Luiz Inácio Lula da Silva of Brazil may be released from prison as early as Friday, after a ruling from Brazil’s Supreme Court gave defendants the right to remain free while they exhaust appeals for criminal convictions. | RIO DE JANEIRO — Former President Luiz Inácio Lula da Silva of Brazil may be released from prison as early as Friday, after a ruling from Brazil’s Supreme Court gave defendants the right to remain free while they exhaust appeals for criminal convictions. |
In a six-to-five ruling handed down late Thursday, the court reversed itself on an issue that has far-reaching implications for corruption cases and could affect thousands of inmates, notably Mr. da Silva, who is universally known as “Lula.” | In a six-to-five ruling handed down late Thursday, the court reversed itself on an issue that has far-reaching implications for corruption cases and could affect thousands of inmates, notably Mr. da Silva, who is universally known as “Lula.” |
Previously, the court had established that a defendant could be ordered to start serving a sentence once a conviction was upheld by the first appeals court. That gave prosecutors valuable leverage to strike plea deals. | Previously, the court had established that a defendant could be ordered to start serving a sentence once a conviction was upheld by the first appeals court. That gave prosecutors valuable leverage to strike plea deals. |
Now, defendants may remain free throughout an appeals process that can take several years. | Now, defendants may remain free throughout an appeals process that can take several years. |
Supporters of Mr. da Silva, 74, a leftist leader who governed Brazil from 2003 to 2010, celebrated the ruling as a triumph as they rallied outside the police building in the southern city of Curitiba where he has been imprisoned since April of last year. | Supporters of Mr. da Silva, 74, a leftist leader who governed Brazil from 2003 to 2010, celebrated the ruling as a triumph as they rallied outside the police building in the southern city of Curitiba where he has been imprisoned since April of last year. |
The court’s decision does not mean that he can return to power; unless he can get his criminal conviction overturned on appeal, he is barred from running for office. | |
Mr. da Silva was convicted of corruption and money laundering in July 2017 for accepting the use of a seaside apartment as part of a kickbacks scheme. He and his supporters contend that the case was manufactured to prevent him from running for a third term last year. | Mr. da Silva was convicted of corruption and money laundering in July 2017 for accepting the use of a seaside apartment as part of a kickbacks scheme. He and his supporters contend that the case was manufactured to prevent him from running for a third term last year. |
He was given a 12-year sentence in the apartment case and faces several other corruption charges. In February, Mr. da Silva was convicted in a second graft case and sentenced to 13 years in prison. | He was given a 12-year sentence in the apartment case and faces several other corruption charges. In February, Mr. da Silva was convicted in a second graft case and sentenced to 13 years in prison. |
Mr. da Silva’s lawyers said in a statement on Friday that they intended to ask the judge overseeing his case to release him immediately based on the ruling. | Mr. da Silva’s lawyers said in a statement on Friday that they intended to ask the judge overseeing his case to release him immediately based on the ruling. |
“Lula never committed any crime and he was a victim of ‘lawfare,’” said the lawyers, Cristiano Zanin Martins and Valeska Martins, using a term that means weaponizing the legal system against rivals. | “Lula never committed any crime and he was a victim of ‘lawfare,’” said the lawyers, Cristiano Zanin Martins and Valeska Martins, using a term that means weaponizing the legal system against rivals. |
Thursday’s ruling stands to benefit thousands of prisoners in Brazil, including several other high-profile politicians convicted of corruption. | Thursday’s ruling stands to benefit thousands of prisoners in Brazil, including several other high-profile politicians convicted of corruption. |
The prosecutors who handled Mr. da Silva’s case said they were disappointed by the ruling. In a statement, they said it contradicted “the sentiment of repudiation regarding impunity and the fight against corruption, which are priorities for the nation.” | The prosecutors who handled Mr. da Silva’s case said they were disappointed by the ruling. In a statement, they said it contradicted “the sentiment of repudiation regarding impunity and the fight against corruption, which are priorities for the nation.” |