Coup d’état Part 2: Judicial Report Proved that Former President Lula Never Owned Triplex.

The triplex is the middle class apartment, which is the key argument of the accusation, that has brought former Brazilian President Luiz Inácio Lula da Silva to a Federal Court. The triplex is used in the same biased media, who run support for the coup, as an argument in attacks against the left, often conducted with slang words. Their aim, the same of the opposition behind the coup d’état, is to wreck any possibility of Lula’s next run for President. This plot is a chimera, with many heads.

Foreword by Hacker Center,

The case against a former Brazilian President is a plot of a notorious magnitude, it is one of the many attempts to wreck any possibility of his next run for President. Since 2010, it is required for any candidate to have a clean slate. You can see the Ficha Limpa ou Lei Complementar nº. 135 de 2010 for further reference. This law bars any politicians, who have found themselves appealing to a second court, or a second order, called tribunais regionais federais (TRFs), of running for presidency. In addition, the political perplexity of this situation doesn’t end here.

The middle class apartment, which is the key argument of the accusation is merely a property that Lula da Silva and his wife didn’t own, and even if they did, which they don’t, the value of such property would never compare to the amount of money stashed away by so many Brazilian politicians, or their properties bought in Brazil, and foreign countries like France. There are obviously more details regarding the issue of corruption, as there are always independent efforts to try and track down the real corrupt politicians’ fortunes, regardless of who they kill to keep it.

Testemunha de fase da Lava Jato é morta com nove tiros na Bahia:
http://www1.folha.uol.com.br/poder/2018/01/1951409-testemunha-de-fase-da-lava-jato-e-morta-com-nove-tiros-na-bahia.shtml

C’est la vie.

Lula’s Defense Lawyers Disapprove Criminal Intimidation By The Operation Lava Jato Members
[Translated/Edited]

Lawyers Cristiano Zanin Martins, Roberto Teixeira, Valeska Teixeira Martins, Larissa Teixeira Quattrini announced on Monday that they will denounce to national and international bodies the “attempt to intimidate” by members of the Lava Jato operation to undermine the defense of ex- President Lula; According to them, the intimidation occur especially through the repetition of statements of informers focusing on members of Lula’s defense; “The successes achieved by Lula’s defense, associated with the revelation of the abuse towards the defense and the curtailing of its rights, seem to guide these clear acts of intimidation by members of Operation Lava Jato,” the lawyers say in a note citing examples of intimidation; “How long will these blatantly illegal acts continue to empty our Democratic State of Law with impunity?”

247 — Lawyers Cristiano Zanin Martins, Roberto Teixeira, Valeska Teixeira Martins, Larissa Teixeira Quattrini announced on Monday, 19, that they will denounce to the national and international bodies the “attempt to intimidate” by members of the Lava Jato operation to harm the defense Of former president Luiz Inácio Lula da Silva.

“The successes achieved by Lula’s defense, associated with the revelation of abuses and the restriction of the right of the defense seem to guide these clear acts of intimidation by members of Operation Lava Jato,” the lawyers said in a note citing examples of intimidation.

Read the note in full:

“Notice,

The attempted intimidation that Lava Jato Operation members are promoting against us, lawyers, to deny the defense of former President Luiz Inacio Lula da Silva will be denounced to the competent national and international agencies. The newspaper Folha de S.Paulo reported on this date (19/06) showing that Emílio Odebrecht and Alexandrino Alencar, from the Odebrecht group, were called by the Attorneys Task Force to give new testimonies last week focused on lawyer Roberto Teixeira, Days after the defense achieved relevant victories in the Courts with evidence of Lula’s innocence .

The expected success of Lula’s defense, whilst is revealing the abuse against, and the curtail of the rights of the defense, seem to guide these clear acts of intimidation knowingly orchestrated by the members of the Operation Lava Jato. It was also revealing, the media bias in favor of a coup d’état and its position against a democratically elected president Dilma Rousseff. The same position, which is continuously displayed by news organizations such as O Globo, Veja, Band News, and others in their attacks. Furthermore, the relevance and the context of such actions are presented below:

1- On 09/06 the Federal Regional Court of the 4th. Region (TRF4) acknowledged that Judge Sérgio Moro curtailed the defense of the former President and ordered that Emílio Odebrecht and Alexandrino Alencar be heard again by Lula’s lawyers in the scope of Criminal Action №5063130–17.2016.4.04.7000. The fact displeased Moro — who even sent a letter to the TRF4 trying to cast doubt on the defense’s narrative. However, an audio recorded lawfully and ostensibly during a hearing held at the 13th. Federal Criminal Court of Curitiba could easily refute the letter.

2 — The new testimony provided by Emílio Odebrecht on June 12 made clear that the executive is not aware of any linkage of the 8 contracts chosen by the MPF to accuse the former President with the alleged purchase of a property for the Lula Institute. That is, Emilio’s testimony reinforced the notion that the accusation against Lula is an orchestrated lie — and Lula didn’t receive a property as a result of the 8 contracts signed between Odebrecht and Petrobras.

3 — Testimonies given in previous hearings, especially on 09/06, reinforced that the inclusion of the name of the lawyer Roberto Teixeira among the defendants of Penal Action №5063130–17.2016.4.04.7000 had already been an act of retaliation of Lava Jato, because far from practicing a crime he had only rendered legal services to a client who had bought the rights of the property located at Rua Haberbeck Brandão, 178, in São Paulo (SP). The attacks on advocacy is disgusting and incompatible with the rule of law.

4 — The defense of Lula has faced with haughtiness the behavior of Judge Sérgio Moro and some members of the MPF, who use in procedural acts, disrespectful terms and expressions, which violate prerogatives of lawyers and, above all, the exercise of the right of Defense with the extension ensured by the Federal Constitution. During a hearing held on June 14, for example, Judge Moro applied to the defense a totally different treatment to that adopted to the list of witnesses filed by the MPF and also stated that it would be a “waste of time” to hear the testimony of the defense witness, Former director of the Federal Police Luiz Fernando Corrêa.

Lava Jato has a history of gross violations not only in relation to Lula, but also to us, who integrated his defense team. It was within the scope of this operation, for example, that Judge Sérgio Moro accepted the request of the MPF (Ministério Público Federal) and authorized the interception of the main branch of our office to eavesdrop on Lula’s defense and, not enough, disclosed conversations obtained herein. The judge was wrong in trying to justify his unawareness that the interception was directed at a law firm, as we have shown that the telephone company responsible for the monitored terminals sent two entries to the process recording this fact.

With all these gross violations in place, it is perplexing that the country’s correctional organs have omitted or even acknowledged the validity of such conduct displayed by Judge Sérgio Moro. The decision of TRF4 in PA №0003021–32.2016.4.04.8000 / RS, authorizing Lava Jato to follow a conduct that escapes the “legal rule”, means the formalization of the State of Exception itself and has already been recognized by the renowned Argentine jurist Raúl Zaffaroni As a “legal scandal” (https://www.pagina12.com.ar/diario/contratapa/13-313021-2016-10-30.html).

The acts of intimidation practiced in the past and that are now being renewed — especially through the repetition of statements from informers focusing on members of Lula’s defense — collides with the article 133 of the Federal Constitution, which places the lawyer as essential to the administration Of Justice. It also conflicts with the provisions of the Law Statute (Federal Law №8.906 / 94) and with international rules on the subject, such as the “Basic Principles on the Role of Lawyers” approved by the UN in 1990. Article 16 of this international diploma Provides that “Governments shall ensure that lawyers (a) can perform all their professional functions without intimidation, impediment, harassment or improper interference; (B) may travel and consult their clients freely both domestically and abroad; ) Shall not be be threatened, or suffer administrative, economic or other charges or penalties for any action taken in accordance with recognized professional duties, standards and ethics. “

It is expected that the new statements that will be presented in the appropriate forums to fight the current acts of intimidation towards the defense lawyers will be appreciated taking into account the obligation of the Brazilian State, also recognized by the UN, to guarantee the performance of a lawyer professional functions without intimidation.

How long will such blatantly illegal acts continue to wipe out our Democratic State of Law with impunity?

Note: This translation bears a few changes from the original text in order to increase readability and understanding. https://www.brasil247.com/pt/247/brasil/301920/Defesa-de-Lula-denuncia-intimida%C3%A7%C3%A3o-por-membros-da-Lava-Jato.htm

OAS Recovery Plan Proved That The Former President’s Family Never Owned The Guarujá Apartment
[Translated/Edited]

Lula’s lawyers released a new fact about the Guarujá triplex Wednesday, adding further evidence that the former president never owned the 164 A unit in Condominium Solaris, Guarujá.

Based on the indictment filed by the prosecutors Cássio Conserino, José Carlos Blat and Fernando Henrique Araújo, of the Public Prosecutor’s Office of São Paulo, filed in March last year, the apartment would have been a gift given in 2009 by OAS to Lula in exchange of three contracts signed between the general contractor OAS and Petrobras. The defense team of Lula da Silva recently discovered documents from the São Paulo Justice Court showing that the 164 A unit was always in the name of OAS, and it was listed among the assets that the company had made available in the judicial recovery plan, which is being held in the 1st Bankruptcy Court of the region.

According to information obtained by Lula’s defense, OAS mentioned units 143 and 164 among the assets listed to pay the creditors, as shown in the excerpt from one of the renegotiation documents below:

Excerpt from OAS judicial recovery plan listed the 164 A unit from Condominium Solares.

The judge who received the proposed recovery of OAS deferred the properties presented, appointing a Trustee, of his confidence, to analyze the indicated assets and liabilities. In March 2016, the Trustee delivered a report keeping the two Solaris Condominium units among the stocks that could be used to pay creditors.

More recently, in January of this year, the same legal Trustee presented to all those involved in the judicial recovery process a new report keeping the apartments 143 and 164 in the set of properties that should be separated so that OAS can clear its debts.

“How can this unit, 164-A, have been given to former President Lula in October 2009, if the OAS owns it in court, and a representative of the judicial recovery court, in all of its declarations, puts it as an asset in OAS’s control, and that can be sold for the payment of OAS’s own creditors? “, argued defense lawyer Cristiano Zanin Martins. The lawyer said, the two apartments are falling behind with the payment of the condominium arrears, leading the building management to take action against OAS, to try and collect the money. Once more, it shows who the true owner of the triplex is.

“Regarding unit 164, when pressed by Condominium Solaris, OAS filed a defense in February 2017 and never denied ownership of this property,” he added.

The fact that put the former president and his wife, Marisa Letícia, who was also enrolled in the lawsuit, together in this case, is the share that the family owned in the venture of Bancoop — a cooperative that went bankrupt and it was then acquired by OAS. In conclusion, the first agreement brokered between OAS and Petrobras happened in August 2007, for the construction of the Getúlio Vargas Refinery. Years before the delivery of the alleged gift.

Chronology of the oldest facts:
04/12/2005 — Dona Marisa Letícia acquires a share in the Bancoop project;
08/31/2007 — Signing of the contract for the CONPAR Consortium (Getúlio Vargas Refinery);
08/10/2009 — Transfer of Bancoop to OAS (Date on which the MPF says that Lula and Marisa became owners of the property)
27/10/2009 — Assembly in which the members of Bancoop ratify the above mentioned transfer;
03/11/2009 — Issuance of debentures by OAS and mortgage of the property;
10/12/2009 — Signing of the two contracts of the RNEST / CONEST Consortium (Abreu e Lima Refinery).

The original article is available right below:
https://jornalggn.com.br/noticia/relatorio-judicial-comprova-que-lula-nunca-teve-triplex