Chance of Former President Lula Being Incarcerated in Curitiba is Remote, According to Specialists

05/08/2017 - 12h26

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ANNA VIRGINIA BALLOUSSIER

FROM SÃO PAULO

What are the chances that Sergio Moro will order pre-trial detention of Former President Lula on Wednesday (the 10th), when the two meet face to face for the first time in Lula's testimony before the Federal Judiciary?

Theoretically it is possible, although in practice, rather improbable, according to specialists consulted by Folha. The possibility, however, is inflaming groups both pro- and against- Lula, who plan to march on the 13th Federal Courthouse in Curitiba, where the Judge is holding session.

Lula's potential incarceration can't be discarded according to Gustavo Badaró, Professor of penal processes at USP (University of SP). "By Moro's standards, at least he has already incarcerated other people. During testimony, Léo Pinheiro [a partner at OAS] said that Lula advised him to destroy evidence [in 2014] and that this is a classic rationale for pre-trial detention.

For Badaró, however, this argument alone is insufficient. Even if the plea-bargainer's version of events is proven to be true, "it would represent a danger already realized, the evidence having already been destroyed, and pre-trial detention wouldn't prevent this".

Paulo Lisboa/Brazil Photo Press/Folhapress Anti-Lula groups spread outdoors against former president in Curitiba

The alleged request to liquidate evidence in the past, however, could weigh against him in the criminal proceeding - but doesn't serve as a base for early confinement.

Only a recent attempt to obstruct justice could justify imprisonment of a non-condemned defendant, he said. And to allege that Lula would repeat the act and seek to destroy evidence again "would be pure elucubration".

A judge can also order temporary detention if there is a flight-risk or threat to public safety. "I don't believe that these conditions exist in relation to Lula", said FGV (Getúlio Vargas Foundation) Professor Ivar Hartmann.

If Moro had solid proof justifying detention, he would have already ordered it. "It's not just any jumble of arrows [from a famous PowerPoint presentation] that can justify detention", said Fernando Castelo Branco, a coordinator at the São Paulo Institute for Public Rights.

Translated by LLOYD HARDER

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