TRF4 denies Lula's defense request to access Odebrecht's software.
The Federal Regional Court of the 4th Region (TRF4) rejected on Tuesday afternoon (26) a preliminary injunction in habeas corpus filed by the defense of former president Lula, which requested access to the entirety of the "My Web Day" and "Drousys" systems, software used by Odebrecht to manage parallel accounting; lawyer Cristiano Zanin argued that the denial of access would be a curtailment of the defense. He argues that the "parity of arms" is being violated and considers the evidence contained in the system as "secret".
247 - The Federal Regional Court of the 4th Region (TRF4) rejected on Tuesday afternoon (26) a preliminary injunction in habeas corpus filed by the defense of former president Lula, which requested access to the entirety of the "My Web Day" and "Drousys" systems, software used by Odebrecht to manage parallel accounting.
Attorney Cristiano Zanin argued that the denial of access would constitute a curtailment of his right to a defense. He maintains that the principle of "equality of arms" is being violated and considers the evidence contained in the system to be "secret." He requested, in addition to access, a deadline to present questions or, alternatively, the annulment of the evidence.
The rapporteur for Operation Lava Jato, Federal Judge João Pedro Gebran Neto, stated in his ruling that providing copies of the Drousys or MyWebDay systems to Luiz Inácio Lula da Silva's defense or any other defense is unfeasible. "Besides the technical difficulty, since there are several hard drives, the systems contain information that is relevant to several other ongoing criminal proceedings and investigations, as well as those yet to be initiated, some of which fall under other jurisdictions," he noted.
Gebran stressed that providing a copy could jeopardize ongoing investigations or investigations yet to be initiated.
"There is no violation of the principle of equality of arms due to the limits on access to the examined material, since, in what matters, access for conducting the examination was ensured. The objective is to ensure the integrity of the systems' content, given that Criminal Action No. 5063130-17.2016.4.04.7000/PR concerns third parties whose facts are being investigated in other courts and levels of jurisdiction," he concluded.