According to the judge, there is no irrefutable proof that Lula committed a crime.
Federal judge and doctor Silvio Luís Ferreira da Rocha participated in the program “The Battle of Ideas,” addressing the spectacle of the Brazilian judiciary when investigating corruption crimes and the criteria used in the conviction of Luiz Inácio Lula da Silva. According to the judge, there is no irrefutable proof that the former president committed any crimes. Watch the full program.
TV 247 - The doctor and federal judge of the third region of São Paulo, Silvio Luís Ferreira da Rocha, participated in the program “A Batalha das Ideias” this Wednesday (31) addressing the spectacle of the Brazilian judiciary when investigating corruption crimes and the criteria used in the conviction of Luiz Inácio Lula da Silva. For the judge, there is no irrefutable evidence that the former president committed crimes.
Ferreira says there are two models of magistrate. “The more traditional one, where the judge expresses himself in the records through his decisions, and another proposal that dialogues with the media, in addition to providing clarifications to the media. What is the risk of this second model? That the judge loses his impartiality,” he asserts.
The judge condemns the way certain investigations are conducted. “When a crime involving corruption is investigated, it consequently becomes a media spectacle and gains prominence throughout society because it is unusual, but ideally it shouldn't be given such a dimension of attraction, as it exposes the figure of the investigated party and the defendant, whose guilt has not yet been established; in other words, it attacks the presumption of innocence, being detrimental to the very democratic rule of law,” criticizes Ferreira.
He continues his criticism by condemning the format of plea bargains. "The plea bargain happens and the press already knows who the informant was, what he said, and who was denounced," Ferreira reports.
In analyzing the trial that convicted former President Lula, the magistrate considers that "there is no irrefutable proof that Lula committed a crime," arguing that the indictment should contain concrete evidence and not subjective concepts. "The prosecution portrayed him as the head of a criminal organization involved in acts of corruption; in that specific case, Lula allegedly had the help of two major operators who testified but did not incriminate the former president. Regarding the accusation of ownership of the Guarujá Triplex, there should be a property registration," he explains.
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