1) As in the case of the Guaruja beachfront apartment used to arrest Lula at the outset of the 2018 election season when he was leading in the polls, investigators were unable to prove that Lula owns the property in question. In this case, the property is legally registered in the name ofFernando Bittar. Bittar is a businessman and son of one of Lula’s oldest friends, Jaco Bittar, who is a former union leader and ex-Mayor of Campinas, which has a population of 1 million and is the
11th richest city in Brazil in terms of GDP. The Bittar and Da Silva families have been spending holidays together since the 1970s. The investigative team made the argument that the Bittar family were used as patsies, but they were unable to prove that and the value of the relatively modest property in question is clearly affordable by Fernando Bittar.
2) As in the case of the Guaruja apartment reforms, it is unclear, in legal terms, why a local court in Curitiba has jurisdiction in the neighboring state of São Paulo, which has its own district courts and public prosecutors. This fact alone,
which violates article 70 of the Brazilian Criminal Code, would be sufficient grounds for an impartial judge to throw out the entire case. However, in 2018, Federal Attorney General Rachel Dodge, who has
been accused by the Federal Police of protecting ex-President Michel Temer, rejected a
request by Lula’s defense team to relocate the case to its proper area of jurisdication in the São Paulo court system in an act of clear political partisanship.
3.) Lula’s corruption conviction refers to an abuse of authority in exchange for services. As in the previous Car Wash case against Lula, investigator Sergio Moro was unable to prove what these favors were, since the reforms in both cases
took place several years after Lula left the presidency and no longer held any public office.
4.) According to a perverse loophole in Brazilian law which dates back to the Inquisition, a Judge can sometimes create his own investigation and rule on it with no jury. Judge Sergio Moro spent years investigating Lula. His whole career depended on a conviction, so when it went to trial he discarded all evidence from the defense and declared his own investigation victorious. Although he was allowed to rule on his own case, the Supreme Court
has thrown out similar cases in the past, due to questions of impartiality.
After years of being presented in the northern media as
an impartial anti-corruption hero, Moro’s mask fell and he revealed himself to be a right wing partisan political actor when he joined Bolsonaro’s neofascist government as Justice Minister and started announcing measures to
attack labor unions and
facilitate extra-judicial killings by police officers. When Moro stepped down from Operation Car Wash to enter Bolsonaro’s cabinet, he turned it over to local protege, Gabriela Hardt. She followed the lead of her mentor and, with a sweep of the pen,
threw out all 1643 pages of the defense team‘s evidence of Lula’s innocence.
5) Like his previous conviction, this conviction is based entirely on one plea bargain testimony
made by a corrupt businessman who received partial asset retention and sentence reduction in exchange for his testimony.
6) Operation Car Wash is a collaborative investigation that was set up through a partnership between the
US Department of Justice , a Federal District court and public prosecutors office in Curitiba, Paraná. The excuse for DOJ engagement in the operation was the Foreign Corrupt Powers Act, which does not apply in the convictions of Lula as they were unable to prove he had US bank accounts or engaged in bribes using dollars. Nevertheless, on 4 occasions,
US DOJ officials have publicly bragged about the Lula conviction.
http://www.brasilwire.com/6-holes-in-the-new-lawfare-conviction-against-lula/