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Ex-President ‘Lula’ Ordered Freed From Prison in Brazil After Supreme Court Ruling Ex-President ‘Lula’ Freed From Prison in Brazil After Supreme Court Ruling
(32 minutes later)
RIO DE JANEIRO — Former President Luiz Inácio Lula da Silva of Brazil was ordered released from prison Friday, after the Supreme Court issued a broad ruling that allows defendants to remain free while their appeals are making their way through the courts. RIO DE JANEIRO — Former President Luiz Inácio Lula da Silva of Brazil was released from prison Friday, after the Supreme Court issued a broad ruling that allows defendants to remain free while their appeals are making their way through the courts.
Though Mr. da Silva cannot run for office unless he can get his criminal conviction overturned, his mere release could upend Brazil’s politics by pitting him as a fiery, leftist rival to President Jair Bolsonaro, whose far-right policies have left the country deeply polarized.Though Mr. da Silva cannot run for office unless he can get his criminal conviction overturned, his mere release could upend Brazil’s politics by pitting him as a fiery, leftist rival to President Jair Bolsonaro, whose far-right policies have left the country deeply polarized.
Federal Judge Danilo Pereira Júnior ordered Mr. da Silva’s release on Friday shortly after 4 p.m. Mr. da Silva walked out of a police building in Curitiba, Brazil, shortly after 5:30 p.m., thrust a fist in the air and waded into a crowd of supporters waving his party’s trademark red flag.
The charismatic Mr. da Silva, 74, universally known as “Lula,” is widely expected to plunge back into the political fray, and the former president’s supporters hailed the court decision as a victory. Since he began serving a 12-year sentence in April of last year, they have campaigned at home and abroad for his release, calling Mr. da Silva a political prisoner. The charismatic Mr. da Silva, 74, universally known as “Lula,” is widely expected to plunge back into the political fray, bolstered by his longstanding popularity: As president, he launched programs that lifted millions out of poverty, expanded access to higher education and promoted racial equality.
There was no immediate comment from Mr. Bolsonaro, a brash nationalist who shot to the presidency last year on a wave of anger about corruption and violence. He has repudiated Mr. da Silva’s party at nearly every turn, calling for a violent crackdown on criminals, fewer protections for the environment and cuts to government spending.
The former president’s supporters hailed the court decision as a victory. Since he began serving a 12-year sentence in April of last year, they have campaigned at home and abroad for his release, calling Mr. da Silva a political prisoner.
“This restores a sense of hope in Brazil,” said Maria do Rosário Nunez, a member of Congress from Mr. da Silva’s Workers’ Party. “Lula’s freedom can offer a rebuttal to the rigid views they are trying to impose in the country,” she added, referring to the current government.“This restores a sense of hope in Brazil,” said Maria do Rosário Nunez, a member of Congress from Mr. da Silva’s Workers’ Party. “Lula’s freedom can offer a rebuttal to the rigid views they are trying to impose in the country,” she added, referring to the current government.
After the judge’s order was issued, Mr. da Silva’s official Twitter account posted two words — “Lula free” — and a video montage of him training in a gym, to the song “Eye of the Tiger.”After the judge’s order was issued, Mr. da Silva’s official Twitter account posted two words — “Lula free” — and a video montage of him training in a gym, to the song “Eye of the Tiger.”
Thursday’s 6-to-5 ruling stands to affect thousands of inmates, including several high-profile people convicted on corruption charges. It is also expected to complicate Brazil’s efforts to root out endemic corruption: Dozens of high-profile politicians have been ensnarled in corruption cases in recent years, as the authorities unraveled complex kickbacks and campaign finance schemes.Thursday’s 6-to-5 ruling stands to affect thousands of inmates, including several high-profile people convicted on corruption charges. It is also expected to complicate Brazil’s efforts to root out endemic corruption: Dozens of high-profile politicians have been ensnarled in corruption cases in recent years, as the authorities unraveled complex kickbacks and campaign finance schemes.
Prosecutors say that with the Supreme Court’s decision, a reversal of a 2018 decision, they will now lose valuable leverage in corruption cases because the threat of imprisonment has aided law enforcement officials in persuading defendants to cooperate in criminal investigations. Prosecutors say that with the Supreme Court’s decision, a reversal of a 2018 decision, they will now lose valuable leverage in corruption cases because the threat of imprisonment has aided law enforcement officials in persuading defendants to cooperate in criminal investigations.
The case that led to Thursday’s ruling was litigated by two political parties and Brazil’s bar association. The plaintiffs argued that Brazil’s 1988 Constitution — which says “no one shall be considered guilty until their case is fully adjudicated” — gives defendants the right to remain free as long as appeals are pending.The case that led to Thursday’s ruling was litigated by two political parties and Brazil’s bar association. The plaintiffs argued that Brazil’s 1988 Constitution — which says “no one shall be considered guilty until their case is fully adjudicated” — gives defendants the right to remain free as long as appeals are pending.
Until the ruling, criminal defendants could be ordered to start serving a sentence once the first appeals court upheld their convictions. Brazil’s courts have wide discretion to imprison people convicted of violent crimes, but defendants appealing those convictions could, in theory, seek relief under the new ruling.Until the ruling, criminal defendants could be ordered to start serving a sentence once the first appeals court upheld their convictions. Brazil’s courts have wide discretion to imprison people convicted of violent crimes, but defendants appealing those convictions could, in theory, seek relief under the new ruling.
The Supreme Court last ruled on this legal question in the lead-up to Mr. da Silva’s imprisonment in 2018, following his July 2017 conviction on corruption and money laundering charges for accepting the use of a seaside apartment as part of what prosecutors described as a kickback scheme.The Supreme Court last ruled on this legal question in the lead-up to Mr. da Silva’s imprisonment in 2018, following his July 2017 conviction on corruption and money laundering charges for accepting the use of a seaside apartment as part of what prosecutors described as a kickback scheme.
That ruling was the final blow to Mr. da Silva’s bid to run for a third presidential term last year, paving the way for the election of Mr. Bolsonaro. Suspicion that Mr. da Silva’s prosecution had been motivated by politics became widespread after Mr. Bolsonaro appointed Judge Sérgio Moro, who handled Mr. da Silva’s case, as justice minister.That ruling was the final blow to Mr. da Silva’s bid to run for a third presidential term last year, paving the way for the election of Mr. Bolsonaro. Suspicion that Mr. da Silva’s prosecution had been motivated by politics became widespread after Mr. Bolsonaro appointed Judge Sérgio Moro, who handled Mr. da Silva’s case, as justice minister.
Earlier this year, a trove of cellphone messages exchanged by prosecutors raised fresh questions about the fairness of Mr. da Silva’s prosecution. The messages made clear, for instance, that Mr. Moro had actively advised prosecutors on strategy in the case, conduct that legal analysts have called an ethical and legal transgression.Earlier this year, a trove of cellphone messages exchanged by prosecutors raised fresh questions about the fairness of Mr. da Silva’s prosecution. The messages made clear, for instance, that Mr. Moro had actively advised prosecutors on strategy in the case, conduct that legal analysts have called an ethical and legal transgression.
Mr. Moro said Friday in a statement that he hopes Congress will change the Constitution to allow imprisonment after an appeals court has upheld a conviction.Mr. Moro said Friday in a statement that he hopes Congress will change the Constitution to allow imprisonment after an appeals court has upheld a conviction.
“At the end of the day, judges interpret the law and lawmakers make laws,” said Mr. Moro, who has disputed that he acted improperly in Mr. da Silva’s case.“At the end of the day, judges interpret the law and lawmakers make laws,” said Mr. Moro, who has disputed that he acted improperly in Mr. da Silva’s case.
Supporters of Mr. da Silva, 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. Supporters of Mr. da Silva, 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.
“We’ll fight and have faith to obtain justice,” Representative Gleisi Hoffmann, the president of Mr. da Silva’s Workers’ Party, wrote on Twitter, posting a video montage that included photos of Mr. da Silva and the campaign to free him.“We’ll fight and have faith to obtain justice,” Representative Gleisi Hoffmann, the president of Mr. da Silva’s Workers’ Party, wrote on Twitter, posting a video montage that included photos of Mr. da Silva and the campaign to free him.
Mr. da Silva has been serving a 12-year sentence in the apartment case and faces several other corruption charges. In February, Mr. da Silva was convicted in another graft case and sentenced to 13 years in prison.Mr. da Silva has been serving a 12-year sentence in the apartment case and faces several other corruption charges. In February, Mr. da Silva was convicted in another graft case and sentenced to 13 years in prison.
Mr. da Silva left office as a hugely popular leader. He is beloved especially among poor Brazilians for programs launched during his presidency that lifted millions out of poverty, expanded access to higher education and promoted racial equality.
The prosecutors who handled Mr. da Silva’s case said they were disappointed by the court’s ruling. In a statement, they said it contradicted “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 court’s ruling. In a statement, they said it contradicted “the fight against corruption, which are priorities for the nation.”
Thiago de Aragão, an analyst at the Arko Advice political risk consultancy in Brasília, said the ruling would likely make investors think twice about making long-term bets in Brazil because it will inevitably be construed as a setback in the country’s fight against corruption.Thiago de Aragão, an analyst at the Arko Advice political risk consultancy in Brasília, said the ruling would likely make investors think twice about making long-term bets in Brazil because it will inevitably be construed as a setback in the country’s fight against corruption.
“Corruption is a very significant consideration for investors who are thinking of making a long-term investment in Brazil,” he said.“Corruption is a very significant consideration for investors who are thinking of making a long-term investment in Brazil,” he said.
Ernesto Londoño reported from Rio de Janeiro, and Letícia Casado from Recife, Brazil.Ernesto Londoño reported from Rio de Janeiro, and Letícia Casado from Recife, Brazil.