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Lula’s Appeal to the Supreme Court

Lula’s Appeal to the Supreme Court

Luiz Inacio Lula da Silva Fast Facts: What’s The Story Behind Lula’s Jail Sentence?

Brazilian President Lula da Silva was convicted on December 16, 2013 by Brazil’s Supreme Court of three counts of racketeering, bribery and money laundering. His sentence ranged from six years in prison to 21 years in prison. The Supreme Court found that his administration made “deliberate policy choices not to prevent crime, but to profit and defend themselves from it,” and recommended that the sentence “be cut to four years, in accordance with the provisions of Article 6, Section 26 of the Constitution, and Articles 7, 8 and 10, Section 3 of the Bill of Rights,” but the sentence was sent to the lower federal court.

The Brazil’s Supreme Court also found that Lula made “serious errors and made serious omissions in his administration of justice,” that he has “repeatedly violated and abused his office and power,” and that his personal wealth “dwarfs… the other political figures in Brazil.” The Supreme Court also considered that Lula’s “insecurity and instability of position, as well as various corrupt acts during his administration, and his deliberate disregard and abuse of the rights and the proper procedures provided under the Constitution, have resulted in him being deprived of the freedom and the dignity of a citizen, and have constituted a state of mental imbecility” in all of the cases.

Lula’s lawyers made an appeal to the Supreme Court of Brazil. They argued that the sentences “are disproportionate, that the facts do not justify the punishments for the crimes, and that the trial judge erred in the manner of imposing the sentences.” On April 23, 2014, the Supreme Court did not hear Lula’s appeal of his sentence, and “on March 5, 2015, the Supreme Court sent the verdict to the lower court,” saying that “the sentences [of the Supreme Court] do not fall within the grounds set forth by the Constitution.”

The lower federal court heard the case of Lula’s conviction, sentencing and appeal. The ruling from the lower court is not yet available. The lower court judge also recommended that Lula’s sentence not exceed two years

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