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Federal court to review Lula's appeal on Monday

Bnamericas
Federal court to review Lula's appeal on Monday

A Brazilian federal court will review a decision by an appeals court that upheld the conviction for corruption and money laundering of former president Luiz Inácio Lula da Silva (pictured), increasing the chances of his arrest.

In January, an appeals court in Porto Alegre unanimously upheld the conviction and increased the original sentence of nine years and six months to 12 years and one month, drastically reducing Lula's chances of running in October's presidential election.

The sentence was meted out last year by lower court judge Sergio Moro in relation to 3.7mn reais (US$1.12mn) in illegal benefits the former president (2003-11) is said to have received from engineering company OAS. The firm reportedly spent that sum refurbishing a beachfront apartment for Lula in return for contracts with federal oil company Petrobras.

Lula's defense team requested clarification regarding the decision of the three appeals court judges, delaying an arrest order. The federal court will review on Monday all points of the ruling to decide whether to confirm the sentence.

If they do so, without requesting any clarification from the three judges, the case goes back to judge Moro, who will decide on any arrest order.

The case is highly complex, given the popularity of the former leader and also due to the various steps in Brazil's legal system, in which defendants can make several appeals, delaying a final ruling.

Separately, ahead of Monday's decision Lula's lawyers requested a preventive habeas corpus before the supreme court, which will be evaluated by 11 judges on Thursday. If a simple majority decide to grant the habeas corpus, Lula will avoid arrest, whatever Monday's decision.

As Lula intends to run in the October election, his case must also be reviewed by the electoral court, which will decide if his workers' party candidacy can move forward even if he is under arrest, although experts say the chances of a person running for president while serving time in jail are remote. Because the appeals court decision was unanimous, Lula will not be able to take the case back to the supreme court.

Polls have consistently shown Lula as frontrunner, followed by ultra-rightwing lawmaker Jair Bolsonaro of the small conservative PSL party.

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