The Fifth Chamber of the Supreme Court (STJ) decided on Tuesday (23) to keep the verdict, but to reduce the sentence imposed on former President Luis Inacio Lula da Silva in the case of the Triplex in Guaruja.
The rapporteur, Felix Fischer and Minister Jorge Musi, Reinaldo Soares da Fonseca, president of the class, and Marcello Navarro, agreed to reduce the sentence by 12 years and 1 month for 8 years, 10 months and 20 days in prison for passive corruption and money laundering, imposed by the Federal District Court of the 4th Region (TRF-4).
The votes were cast during the trial on a complaint filed by the former president's defense, and the complaint was partially filed.
According to the voices of the ministers, the sentence imposed on PT is as follows:
- Passive corruption – 5 years, 6 months and 20 days (TRF-4 is 8 years and 4 months)
- Money laundering – 3 years and 4 months in prison (TRF-4 is 3 years and 9 months)
- Total punishment – 8 years, 10 months and 20 days of birth (TRF-4 is 12 years old and 1 month old)
Reducing Lula's verdict could ease former president's voyage to half-open regime
Currently, Lula is serving a prison sentence at the Federal Police Officer in Curitiba.
Under criminal law, the prisoner has the right to claim a move to the half-open regime after serving one-sixth of the sentence. Consequently, the sentence imposed on Lula by TRF-4 will require at least two years of imprisonment in a closed regime.
With the decision of the 5th Commission of the University of Technology, Lula will have to complete 17 months to claim the transfer to the semi-open regime through which it is possible to leave the chain during the day of work. Since Lula has already served about 13 months, four remain. Reading books in prison can help to further reduce the days of punishment.
In addition to the triplex case, Lula is responsible for six other criminal acts
The former president has another sentence (first, in the case of Atibaia). If the verdict is confirmed at second instance, the two sentences (from the case of the site and the triplex) will be collected and will prevent the development of the scheme.
Lula still answers six other pending cases in different courts.
Lula's defense says he will appeal the JSA's decision
Lula's lawyer, Cristiano Zanin, said he would appeal the STJ's decision.
"The only result we think is consistent with the case is the acquittal of former President Lula because we understand, on the basis of all that appears in the trial, that he has not committed any crime," he said.
Zanning said that although he considered "little," STJ's decision, he notes, admits that the sentences imposed on Lula are "abusive."
"For the first time, the court has admitted that the penalties imposed on former President Lula, both by the judge and by former judge Sergio Moro and the Federal District Court of the fourth region, are abusive. We hope that the bodies that will continue to talk about the case, such as the Federal High Court and the UN Human Rights Committee, can help us restore the full rule of law, "he said.
Felix Fischer dismisses the argument that Lula is convicted without evidence
Mostly, Rapporteur: Felix Fischer said that high penalties were imposed on corruption, and, with regard to money laundering, he said he was raised in a vague way, with aggravating factors such as being president.
The rapporteur considers that the sanctions established by the TRF-4 are excessive
- "As regards the crime of passive corruption, as regards the circumstances described in Art. 59 of the Criminal Code, I find no illegality or even arbitrariness in the negative assessment of the four judicial circumstances: guilt, circumstances, motives and consequences of the crimes contemplated by the court of origin. However, given the excess, I lower the threshold set by the court. "
- Money Laundering – "With regard to money laundering crime in connection with the circumstances described in Art. 5, only those relating to wines which are devoid of inadequate, vague grounds and without a legal or factual basis must be taken into account. circumstances and consequences of the crime. "
The rapporteur starts voting and rejects the request for annulment of the complaint
According to the vote, Jorge Musi agrees with the reduction of the sentence
Mostly, Minister Jorge Musi same approach as the rapporteur. For him, the sentences imposed on the former president were exaggerated.
Like Fischer, Musi has voted to reduce money laundering and passive corruption offenses for a total of 8 years, 10 months, and 20 days in prison.
"The magistrate of the first degree has defined the basic punishment for the offense of passive corruption within 5 years of imprisonment. This means an increase of three years above the statutory minimum, which is 2. The eighth grade of TRF-4, however, irritated by so many gusts, has grown to a basilisk for 7 years and 6 months. That is, he raised it by 375%, "he said.
The minister criticized the justification of the 8-grade TRF-4 to increase the ex-president's sentence. For the Minister, the judges took into account the external facts of the case.
"The punishment of perpetrators can not be aggravated by the fact that other defendants in different industries have determined this or that warning. It does not matter whether the punishment was more or less than 7 years old in other people. This fixation can not be influenced by external elements, especially in the situation of other participants, "Musi said.
Mostly, Minister Reinaldo Soaresthe chair of the class also followed the vote of the sentencing judge and set the penalty at 8 years, 10 months and 20 days.
Soares also reduced, as did others, the fine from a repair of R $ 29 million to R $ 2.4 million.
He added, "I do not see a recipe because corruption has happened by 2009, and washing continues until 2014," he said.
Reynaldo Soares and Marcelo Navarro accompany the rapporteur's vote
Mostly, Minister Marcello Navarro Ribeiro Dantas the last one to vote. He also accompanies the rapporteur to reduce the sentence to 8 years, 10 months and 20 days and to reduce the fine imposed on the former president.
– In hard, not hard, the value should be less. He has not received the property, can not sell it, dispose of the property. But I did not make that cut because I do not have the elements to do it here, "said Ribeiro Dantas.
Ministers also voted to reduce the fine initially set at R $ 29 million to R $ 2.4 million, which is the cost of the apartment.
"Reduce damages to the object of the alleged economic benefit resulting from the difference in apartment 141 with cover 164, plus the reforms whose value reaches 2,424,991 R," the rapporteur said.
In addition, they also decided to cut some of the former president's fine for the crimes he was convicted of.
They decided to apply a 175-day fine to Lula, each day a fine equal to five minimum wages in June 2014.
However, they consider that they are reducing the fine to 50 days as they consider the previous amount to be disproportionate to what will be applied to the other convict in the case.
At the end of 2018, Lula's appeal was analyzed by the rapporteur, Lava Jato, at STJ, Minister Felix Fischer. By individual decision, Fischer dismissed the appeal and decided to close the case before the Court.
But Lula's protection drew the attention of the regiments. On Tuesday, Fisher kept his own decision, but partly responded to the defense to reduce the penalty.
Former President Luis Inacio Lula da Silva was sentenced on July 12, 2017 to 9 years and 6 months imprisonment in the case of the triplex. The decision at first instance was given by Judge Sergio Moro, a current Justice Minister who condemned Lula for passive corruption and money laundering.
In January last year, the verdict was confirmed by the eighth tribunal of the Fourth Regional Court (TRF-4), a court of second instance who increased the sentence to 12 years and one month in prison.
Faced with this, the former president was arrested in Sao Paulo in April last year and taken to Curitiba, where he has served his sentence since then.
In the understanding of Moro and the three judges of the Court, Lula received from OAS a triple apartment in Guarujá in exchange for contracts signed by the contractor with Petrobras.
- See evidence based on the TRF-4 solution
Lula's defense then appeals to STJ and asks the former president to be acquitted. He claims he is innocent and has not received an apartment like advice. He also states that there is no evidence in the case. The former president's lawyers claim that Lula is convicted of corruption and washing for the same act, so the punishment should be reduced.
Another request is for the Federal Court to have no jurisdiction to deal with the case, according to the recent Supreme Court ruling on crimes committed in connection with the two financial crimes (use complaints in a campaign that are not announced in court).
Faced with this, lawyers demanded that the verdict be lifted and that the case be referred to the electoral court. The rapporteur objected to this issue raised by the defense, saying that it had no connection with the electoral case.