Lawyers Cristiano Zanin Martins, Roberto Teixeira, Valeska Teixeira Martins, Larissa Teixeira Quattrini announced on Monday that they will denounce to national and international bodies the “attempt to intimidate” by members of the Lava Jato operation to undermine the defense of ex- President Lula; According to them, the intimidation occur especially through the repetition of statements of informers focusing on members of Lula’s defense; “The successes achieved by Lula’s defense, associated with the revelation of the abuse towards the defense and the curtailing of its rights, seem to guide these clear acts of intimidation by members of Operation Lava Jato,” the lawyers say in a note citing examples of intimidation; “How long will these blatantly illegal acts continue to empty our Democratic State of Law with impunity?”
247 — Lawyers Cristiano Zanin Martins, Roberto Teixeira, Valeska Teixeira Martins, Larissa Teixeira Quattrini announced on Monday, 19, that they will denounce to the national and international bodies the “attempt to intimidate” by members of the Lava Jato operation to harm the defense Of former president Luiz Inácio Lula da Silva.
“The successes achieved by Lula’s defense, associated with the revelation of abuses and the restriction of the right of the defense seem to guide these clear acts of intimidation by members of Operation Lava Jato,” the lawyers said in a note citing examples of intimidation.
Read the note in full:
“Notice
The attempted intimidation that Lava Jato Operation members are promoting against us, lawyers, to deny the defense of former President Luiz Inacio Lula da Silva will be denounced to the competent national and international agencies. The newspaper Folha de S.Paulo reported on this date (19/06) showing that Emílio Odebrecht and Alexandrino Alencar, from the Odebrecht group, were called by the Attorneys Task Force to give new testimonies last week focused on lawyer Roberto Teixeira, Days after the defense achieved relevant victories in the Courts with evidence of Lula’s innocence .
The expected success of Lula’s defense, whilst is revealing the abuse against, and the curtail of the rights of the defense, seem to guide these clear acts of intimidation knowingly orchestrated by the members of the Operation Lava Jato. It was also revealing, the media bias in favor of a coup d’état and its position against a democratically elected president Dilma Rousseff. The same position, which is continuously displayed by news organizations such as O Globo, Veja, Band News, and others in their attacks. Furthermore, the relevance and the context of such actions are presented below:
1- On 09/06 the Federal Regional Court of the 4th. Region (TRF4) acknowledged that Judge Sérgio Moro curtailed the defense of the former President and ordered that Emílio Odebrecht and Alexandrino Alencar be heard again by Lula’s lawyers in the scope of Criminal Action №5063130–17.2016.4.04.7000. The fact displeased Moro — who even sent a letter to the TRF4 trying to cast doubt on the defense’s narrative. However, an audio recorded lawfully and ostensibly during a hearing held at the 13th. Federal Criminal Court of Curitiba could easily refute the letter.
2 — The new testimony provided by Emílio Odebrecht on June 12 made clear that the executive is not aware of any linkage of the 8 contracts chosen by the MPF to accuse the former President with the alleged purchase of a property for the Lula Institute. That is, Emilio’s testimony reinforced the notion that the accusation against Lula is an orchestrated lie — and Lula didn’t receive a property as a result of the 8 contracts signed between Odebrecht and Petrobras.
3 — Testimonies given in previous hearings, especially on 09/06, reinforced that the inclusion of the name of the lawyer Roberto Teixeira among the defendants of Penal Action №5063130–17.2016.4.04.7000 had already been an act of retaliation of Lava Jato, because far from practicing a crime he had only rendered legal services to a client who had bought the rights of the property located at Rua Haberbeck Brandão, 178, in São Paulo (SP). The attacks on advocacy is disgusting and incompatible with the rule of law.
4 — The defense of Lula has faced with haughtiness the behavior of Judge Sérgio Moro and some members of the MPF, who use in procedural acts, disrespectful terms and expressions, which violate prerogatives of lawyers and, above all, the exercise of the right of Defense with the extension ensured by the Federal Constitution. During a hearing held on June 14, for example, Judge Moro applied to the defense a totally different treatment to that adopted to the list of witnesses filed by the MPF and also stated that it would be a “waste of time” to hear the testimony of the defense witness, Former director of the Federal Police Luiz Fernando Corrêa.
Lava Jato has a history of gross violations not only in relation to Lula, but also to us, who integrated his defense team. It was within the scope of this operation, for example, that Judge Sérgio Moro accepted the request of the MPF (Ministério Público Federal) and authorized the interception of the main branch of our office to eavesdrop on Lula’s defense and, not enough, disclosed conversations obtained herein. The judge was wrong in trying to justify his unawareness that the interception was directed at a law firm, as we have shown that the telephone company responsible for the monitored terminals sent two entries to the process recording this fact.
With all these gross violations in place, it is perplexing that the country’s correctional organs have omitted or even acknowledged the validity of such conduct displayed by Judge Sérgio Moro. The decision of TRF4 in PA №0003021–32.2016.4.04.8000 / RS, authorizing Lava Jato to follow a conduct that escapes the “legal rule”, means the formalization of the State of Exception itself and has already been recognized by the renowned Argentine jurist Raúl Zaffaroni As a “legal scandal”. https://www.pagina12.com.ar/diario/contratapa/13-313021-2016-10-30.html
The acts of intimidation practiced in the past and that are now being renewed — especially through the repetition of statements from informers focusing on members of Lula’s defense — collides with the article 133 of the Federal Constitution, which places the lawyer as essential to the administration Of Justice. It also conflicts with the provisions of the Law Statute (Federal Law №8.906 / 94) and with international rules on the subject, such as the “Basic Principles on the Role of Lawyers” approved by the UN in 1990. Article 16 of this international diploma Provides that “Governments shall ensure that lawyers (a) can perform all their professional functions without intimidation, impediment, harassment or improper interference; (B) may travel and consult their clients freely both domestically and abroad; ) Shall not be be threatened, or suffer administrative, economic or other charges or penalties for any action taken in accordance with recognized professional duties, standards and ethics. “
It is expected that the new statements that will be presented in the appropriate forums to fight the current acts of intimidation towards the defense lawyers will be appreciated taking into account the obligation of the Brazilian State, also recognized by the UN, to guarantee the performance of a lawyer professional functions without intimidation.
How long will such blatantly illegal acts continue to wipe out our Democratic State of Law with impunity?
Note:
This translation bears a few changes from the original text in order to increase readability and understanding. https://www.brasil247.com/pt/247/brasil/301920/Defesa-de-Lula-denuncia-intimida%C3%A7%C3%A3o-por-membros-da-Lava-Jato.htm