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News > Latin America

Judge Moro Measure Against Lula Declared Unconstitutional

  • U.S. actor Danny Glover chants slogans in support of former Brazilian President Luiz Inacio Lula da Silva at a camp near the Federal Police headquarters, where Lula is imprisoned, in Curitiba, Brazil May 30, 2018.

    U.S. actor Danny Glover chants slogans in support of former Brazilian President Luiz Inacio Lula da Silva at a camp near the Federal Police headquarters, where Lula is imprisoned, in Curitiba, Brazil May 30, 2018. | Photo: Reuters

Published 16 June 2018
Opinion

The SFC (Brazil's Supreme Tribunal) clarified that the measure can not be used "in any way" retroactively.

The Supreme Federal Court (STF) of Brazil declared this past Thursday that the practices that Judge Sergio Moro used against the suspects of the Lava Jato operation to give a statement by sending the Federal Police to look for them were unconstitutional.

With a vote of six to five, the ruling of the STF against this practice known as "coercive driving" confirms that forcing someone to declare is unconstitutional unless all other legal remedies have been exhausted.

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The ruling came in response to requests from the Workers' Party (PT) and the Brazilian Bar Association (AOB).

This method was used in 2016 against former President Lula da Silva, when Judge Moro sent about 500 federal police to look for him to be questioned by a commissioner.

At that time, Moro justified his action alleging that it was due to Lula's political position as ex-president of the nation.

Despite the new ruling, the TSF clarified that the measure can not be used "in any way" retroactively, so the statements obtained in this way will remain legal.

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