Bricklayer: Moro shows that Lula is his prey and he won't let go.
Journalist Fernando Brito, from Tijolaço, classified as "pathetic" the statement by Judge Sérgio Moro saying that he had the means to arrest Lula and chose not to; "The arrest of someone, either in flagrante delicto or in the presence of evident damage to the criminal investigation, is imperative, not an option. How is coercive detention confused with temporary arrest?", he questions; "A judge who wants his prey, who doesn't give up the trophy 'I arrested Lula', which undermines any impartiality."
Fernando Brito, from brick - It's almost pathetic that Judge Sérgio Moro stated this Friday that he had the means to arrest Lula but chose not to, as published... The Globe:
"Strictly speaking, the wiretap revealed a series of conversations of the former president in which there is an indication, in summary cognition, of his intention to obstruct the investigations, as in the example cited, which in itself could justify, at the time of the search and seizure, his temporary arrest, although the less serious measure of coercive detention was chosen."
Arresting someone, either in the act of committing a crime or when there is clear evidence of harm to a criminal investigation, is imperative, not optional. What is the difference between coercive detention and temporary arrest?
The document presented by Moro to the Supreme Federal Court. This, in itself, demonstrates that the unthinkable has been established: a dispute between the judge and the accused, which in itself undermines the serenity of the process. It is not the prosecutor (the Public Prosecutor) and the defense who are in dispute, but the confrontation between the accused and the judge.
A judge who wants his prey, who won't give up the trophy "I arrested Lula," which undermines any impartiality.
What Lula's lawyers reaffirmed in a statement made last night, as transcribed below:
Lawyers reiterate Moro's bias.
Today (July 22, 2016), Judge Sergio Moro refused to acknowledge that he had lost impartiality to judge former President Luiz Inácio Lula da Silva and presented his defense for future judgment by the Federal Regional Court of the 4th Region.
The defense presented by Moro, however, only made his bias towards Lula even more evident, since the document: (a) accuses; (b) inconsistently denies the abuses committed; (c) makes undue value judgments; and, furthermore, (d) distorts and ignores relevant facts.
Prosecutor judge.
In a document sent to the Supreme Federal Court on March 29, 2016, Judge Moro made 12 accusations against Lula, imputing criminal practices to him and improperly anticipating a value judgment on the ownership of the Atibaia (SP) property, over which he claimed jurisdiction. The figure of the accusing judge is incompatible with that of an impartial judge.
In today's statement, Moro attempts to downplay his improper accusatory actions against the former President on the grounds that he frequently used expressions such as "summary cognition," "in principle," or "apparently." However, this does not reflect reality, as Moro only transcribed 3 of the 12 accusations made in the document addressed to the Supreme Federal Court (STF) in his defense, omitting the majority of blatantly accusatory content. The scope of Moro's statement is unequivocally that of an accuser, regardless of the expressions he may have used to soften the document.
Arbitrary actions.
Contrary to what has been argued, Judge Moro committed several arbitrary acts against former President Lula, especially after the 24th phase of Operation Lava Jato was launched. Lula was improperly deprived of his liberty in a situation not foreseen by law, as he was coercively taken into custody without having failed to comply with any prior summons. Furthermore, the lifting of the confidentiality of intercepted conversations on telephone lines used by the former President, his family, collaborators, and lawyers is expressly prohibited by law and may constitute a crime. On this point, the decisions issued by the Supreme Federal Court (STF) themselves indicate that there was not merely an error on the part of the judge, because the law does not allow for any interpretation other than the preservation of confidentiality. There was an unequivocal intention on the part of the judge to produce effects extraneous to the process, to create legal and political obstacles for Lula.
These arbitrary actions were forwarded to the Attorney General of the Republic on June 16, 2016, for analysis regarding the possible commission of abuse of authority by Judge Moro, and are pending review.
Inappropriate value judgments.
The excessive and unjustified precautionary measures already authorized by Judge Sergio Moro against Lula are another factor that leaves no doubt that he prematurely adopted a prosecution's theory and, in doing so, became biased in the case. In the document issued today, Moro again makes undue value judgments in an attempt – which is unattainable – to justify such measures.
Distortions.
In his defense presented today, Moro ignores the fact that he participated in and attended the launch of journalist Vladimir Neto's book about Operation Lava Jato – which improperly places Lula in a central role. The rights to the work have already been sold to the American company Netflix for the production of a series. The judge also equivocates regarding his participation in events involving politicians who oppose Lula, even going so far as to deny the connection of João Dória Júnior, pre-candidate for mayor of São Paulo and author of several defamatory acts against Lula, to the events organized by the company Lide, of which he is a well-known owner. Sergio Moro's statement lacks sincerity when he claims that he cannot influence the anti-Lula editorial line of the media, as if he were unaware of this fact when accepting invitations to events involving political actors and oppressive propaganda.
By failing to acknowledge that he has lost impartiality in judging Lula, given such relevant facts, Judge Moro is committing an unequivocal attack against the Federal Constitution and also against the International Treaties that Brazil has committed itself to upholding, which guarantee an impartial judge and a fair trial.
Lula's lawyers will take all necessary measures to ensure that their client is not subjected to further arbitrary actions.
Cristiano Zanin Martins and Roberto Teixeira