Persecution of Lula at its peak.

One can read, in paragraph 1 of article 120 of the Penal Execution Law, the reason why Luiz Inácio Lula da Silva had a clear and certain right to leave his cell in Curitiba, travel to São Bernardo and say goodbye to Genivaldo Inácio da Silva, his older brother, a metalworker, who died of cancer at the age of 79.  

The text states that "convicts serving sentences in closed or semi-open regimes and those held in pretrial detention" may "obtain permission to leave the facility, under escort, in the event of the death or serious illness of a spouse, partner, ascendant, descendant, or sibling."

Lula's right—and that of every Brazilian man and woman in this situation—is there, with the clarity, though not always so explicit, of the texts that in our country protect human freedom, that unique good of existence, which is second only to life itself.

Even so, Lula was not allowed to attend the funeral of his eldest brother, a burly, shy-looking 79-year-old metalworker.

Frei Chico, the best known of Lula's seven brothers, was a militant of the Communist Party who was imprisoned and tortured during the military regime.

The story that marked Vavá is another one. It entered the annals of spectacle justice in 2007, when a team from the Federal Police entered his house looking for evidence to support an accusation—entirely fabricated, it was later discovered—that he had tried to profit by selling favors to businessmen interested in getting closer to his younger brother's government. On a traumatic morning, when Lula was traveling in Asia, the police ransacked his modest residence in the ABC region of São Paulo, searched his children's computers, placed objects on the sidewalk, humiliating the family and drawing the attention of the neighbors.   

 For historical comparison, it's worth remembering that the LEP (Law of Penal Execution) wasn't even in effect in 1980. Under the military dictatorship established in 64, Lula was imprisoned in the São Paulo DOPS (Department of Political and Social Order) along with other leaders of the workers' strikes that had been shaking the country since the end of the previous decade.

Even so, in that country that was mobilizing to ascend to a higher level of civilization, Lula was released to attend his mother's funeral. With his black beard and hair, his face soaked with tears, childlike as everyone becomes when faced with the death of a loved one, his presence at the ceremony constitutes an unforgettable portrait of pain and also of hope.

Thirty-eight years later, the image is different -- the Curitiba prison. The historical moment has also changed.    

This morning, the news that everyone suspected was confirmed. It was only a matter of time, but the decision wasn't announced earlier to avoid drawing attention, to avoid further embarrassment, and to avoid hurting through cowardice.

In a recurring spectacle, the news was that Lula's rights would not be respected -- once again.  

This had already happened in the Lava Jato conviction without evidence. The scene repeated itself in April 2018, in the 6-5 decision by the Supreme Court which, with the help of an intimidating tweet from the Army commander, prevented the restoration of the final judgment, a constitutional principle that would have prevented his imprisonment. Who knows, it might even have allowed his presence in the presidential campaign.  

It was the same in July, when Judge Rogério Favretto granted a habeas corpus for Lula's immediate release. Based on the best jurisprudence, with the support of unimpeachable legal figures, including Sérgio Moro's mentors, the decision ended up being blocked in a war-like operation, in which the Federal Police on duty, the Curitiba court, and the TRF-4 mobilized to ensure that the prison door remained closed -- even though Lula had already been advised to pack his bags because his release was imminent.  

The decision regarding Vavá's burial is a repeat offense, but it involves more basic rights. It wasn't, strictly speaking, about guaranteeing Lula's freedom, even for a few hours. Much less than that.

 As if the most popular president had been transformed into a wild beast held in a zoo, the request amounted to trying to exercise the right to stretch in front of the public before calmly returning to the back of the cage. Without showing his claws, of course.

 Lula only asked for that. Under escort, as stipulated in article 120, he wanted to see his brother's face one last time, in that intimate effort to forcefully imprint an image he wanted to preserve forever in his memory. Upon learning of Vavá's death, he lamented that he hadn't had the opportunity to say goodbye to him while he was alive.  

In a family of eight siblings where an absent father treated his children with violence and indifference, the eldest son, Vavá, played an important role in defending the younger ones, including Lula, the youngest who no one could have imagined would become who he is today.

In an interview with journalist Denise Paraná, author of "Lula, the Son of Brazil," Vavá spoke about his childhood: "We never had a childhood. We never had a toy. You didn't have shoes to wear, you couldn't play soccer." He speaks of Lula with the understanding of everyone's role in building their destiny, including the effort required for professional training, which preceded everything that came after: "The only one who managed to study at Senai was Lula. He did his Senai training while working," Vavá told Denise Paraná, acknowledging his younger brother's efforts. 

 You can look for the reasons given to prevent Lula – once again – from exercising a right guaranteed by law. The first allegation is "unavailability of air transport in a timely manner," argued delegate Luciano Flores de Lima. He also mentioned "lack of police officers available to ensure public order" and "disturbances to the tranquility of the funeral ceremony due to the necessary apparatus to transport Lula." In agreement, the São Paulo Public Security Secretariat, under the Dória government, also stated that it could not guarantee the maintenance of order. 

The list is long, but the real reason isn't there. It's unmentionable. As one can learn from an observation made by Professor Emir Sader on the Boa Noite 247 program yesterday.

Brazil under Bolsonaro and the Lava Jato operation cannot coexist with Lula's freedom—whether permanently, for a day, an hour, or a minute. Not even to allow a former president of the Republic to attend his older brother's funeral. 

 This is today's lesson. Any questions?