Brazil : Supreme Court Admits Error Over Pres. Lula’s Imprisonment , Says It’s The Court’s Biggest Mistake In History
Brazil’s President Lula da Silva’s imprisonment, as per Justice Dias Toffoli of the Supreme Federal Court Of Brazil ( STF), was deemed a “setup” and “one of the most significant judicial mistakes in the country’s history.” Justice Dias Toffoli nullified all evidence obtained through the leniency agreement with Odebrecht construction company and the company’s bribery systems within the Operation Car Wash investigation ( Lava Jato) on Wednesday 6th . Sept. 2023.
Dias Toffoli’s decision came in response to a request from President Lula’s defense, which gained access to Operation “Spoofing’s files” ,an investigation into the hacking of cell phones belonging to former judge Sergio Moro and former federal prosecutor Deltan Dallagnol.
In the text confirming the evidence’s annulment, Toffoli argued that Lula’s imprisonment resulted from a “power project by certain public agents aiming to control the State through apparently legal means but with actions contrary to the law.”
Toffoli further asserted that the actions of these public agents, which led to Lula’s imprisonment in April 2018, initiated a process that posed recent threats to the country’s democratic stability. Lula spent 580 days in Curitiba’s prison and was released following a Supreme Court decision to annul his imprisonment based on a second-instance judicial decision.
He went on to claim that Lula’s imprisonment was the root cause of attacks on democracy and institutions, which were already foreshadowed by the actions and voices of these agents against institutions and the STF itself. Toffoli accused these authorities of abusing their functions and acting in collusion to target institutions, authorities, companies, and specific individuals.
The minister also argued that there was a disregard for due process and higher judicial decisions, including forged evidence, biased actions, and actions beyond the scope of public agents’ competence. In his view, they intentionally failed to distinguish between innocent individuals and criminals. Moreover, Toffoli contended that those involved subjected innocent individuals to “true psychological torture, a 21st-century ‘pau de arara,’ to fabricate ‘evidence.’”
In his 135-page decision, Toffoli revealed leaked dialogues involving figures like Moro and Dallagnol. While he acknowledged that the operation had investigated and sanctioned genuinely committed illicit acts, he accused it of imprisoning a political leader with bias and collusion, under the guise of combating corruption, and fabricating evidence.
Furthermore, he criticized the use of unorthodox and illegal means to target individuals and entities, regardless of their guilt or innocence, resulting in the destruction of national technologies, companies, jobs, and public and private assets. These actions even led to health issues such as tumors, strokes, and heart attacks for those affected by them, Toffoli emphasized.
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