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  • Lula da Silva is draped in the flag of the Pernambuco State in Recife, Brazil, Nov. 17, 2019.

    Lula da Silva is draped in the flag of the Pernambuco State in Recife, Brazil, Nov. 17, 2019. | Photo: Reuters

Published 27 November 2019
Opinion

Brazil's former president requested the annulment of a "copy-and-past" sentence, which was made by using texts taken from another case.

Porto Alegre's Federal Regional Court on Wednesday will judge the appeals of former President Luiz Inacio Lula da Silva in a criminal case in which he was convicted of allegedly having benefited from a real estate in the city of Atibaia, in the State of Sao Paulo.

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Lula's lawyers request the annulment of the sentence on the grounds that Judge Gabriela Hardt issued a sentence in which she used texts from another real estate case, which means that she plagiarized texts of other accusations against Lula.

If the Federal Regional Court confirms that the plagiarism existed, the accusation against Lula will return to the first instance and his sentence of 12 years and 11 months in prison will be annulled.

Today's judicial process, which happens almost two years after the trial that took Lula to prison, could help to unveil the persecution to which he has been subjected through the Car Wash case.​​​​​​

Copy-and-past Sentence: TRF-4: Everything you need to know about the Atibaia real estate scam, which is being used to continue harassing Lula. The meme says: "Lula is already free. However, will his trials continue?" Lula is the victim of intense, illegal, and unfair judicial persecution."

The case analyzed by the Federal Court has to do with architectural improvements that the Odebrecht company carried out in a house in Atibaia, owned by Jaco Vitar, a friend of Lula who lent him the place to spend the weekends. This happened, however, after the Workers' Party (PT) leader left his office.

Lula da Silva is currently facing nine different criminal cases against him in the Federal District and the states of Parana and San Pablo.

He left prison on Nov. 8 after Brazil's Supreme Court ruled that people convicted in the second instance cannot begin to serve their sentences while their lawyers have not exhausted all available legal remedies for their release.

Despite the growing evidence of the political persecution against the PT leader, Lula's legal situation is still precarious.

The right-wing lawmakers have filed a motion in Congress which seeks that persons convicted in the second instance can be imprisoned again.

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