{"id":1528,"date":"2018-04-12T23:53:13","date_gmt":"2018-04-12T23:53:13","guid":{"rendered":"http:\/\/baileyonlineclassroom.com\/theamericasblog\/?p=1528"},"modified":"2018-04-12T23:53:13","modified_gmt":"2018-04-12T23:53:13","slug":"lula-brazils-ex-president-can-be-jailed-court-rules","status":"publish","type":"post","link":"https:\/\/baileyonlineclassroom.com\/theamericasblog\/2018\/04\/12\/lula-brazils-ex-president-can-be-jailed-court-rules\/","title":{"rendered":"Lula, Brazil\u2019s Ex-President, Can Be Jailed, Court Rules"},"content":{"rendered":"

By <\/b>ERNESTO LONDO\u00d1O<\/b><\/a> and SHASTA DARLINGTON<\/b>APRIL 4, 2018<\/span><\/p>\n

Former President Luiz In\u00e1cio Lula da Silva of Brazil during a campaign rally in March. He has a significant lead in polls ahead of a presidential election scheduled for October. <\/span>CreditEraldo Peres\/Associated Press <\/span><\/p>\n

BOA VISTA, Brazil \u2014 Brazil\u2019s top court ruled early Thursday that former President Luiz In\u00e1cio Lula da Silva can be sent to prison while he continues to appeal his corruption conviction \u2014 an explosive decision that upends the nation\u2019s politics and appears to quash his bid to return to power.<\/span><\/p>\n

There was more at stake than the legal fate of Mr. da Silva, 72, a towering and divisive figure in Brazilian politics who has a considerable <\/span>lead in the polls for October\u2019s presidential election<\/span><\/a>.<\/span><\/p>\n

The 6-to-5 ruling against the former president, who has called his prosecution an underhanded ploy to keep him off the ballot, is likely to call into question the legitimacy of the election in the eyes of many Brazilians.<\/span><\/p>\n

\u201cNo matter how many roses the mighty kill, they will never manage to stop spring,\u201d Mr. da Silva\u2019s Workers\u2019 Party said in a statement posted on Twitter after his fate became clear.<\/span><\/p>\n

Chief Justice C\u00e1rmen L\u00facia Antunes Rocha cast the deciding vote after midnight, at the end of a marathon session.<\/span><\/p>\n

The country is still deeply divided over the impeachment of Mr. da Silva\u2019s chosen successor, Dilma Rousseff, who was removed from office in 2016 on <\/span>charges of manipulating the federal budget<\/span><\/a> to hide the nation\u2019s growing economic problems.<\/span><\/p>\n

Her ouster put an end to <\/span>13 years of governments<\/span><\/a> led by the leftist Workers\u2019 Party, a period when Brazil\u2019s economy soared, millions of people entered the middle class and the country\u2019s profile rose on the global stage.<\/span><\/p>\n

But enormous <\/span>corruption scandals<\/span><\/a> and the worst economic crisis in decades left Ms. Rousseff and her party battered, with little support to fend off a <\/span>power grab by their<\/span><\/a> political rivals<\/span><\/a>.<\/span><\/p>\n

Mr. da Silva, who is known commonly as Lula, has been trying to reclaim the presidency. But last July, he was <\/span>convicted of corruption and money laundering<\/span><\/a>, and sentenced to almost 10 years in prison. In January, an appeals court unanimously <\/span>upheld the conviction<\/span><\/a> and increased the sentence to 12 years.<\/span><\/p>\n

Photo<\/span><\/p>\n

Supporters of Mr. da Silva gathered outside his residence in S\u00e3o Bernardo do Campo, Brazil, on Wednesday.<\/span>CreditAndre Penner\/Associated Press <\/span><\/p>\n

Mr. da Silva, who served as president from 2003 to 2011, appealed the sentence to the country\u2019s top court, the Supreme Federal Court, asking to be allowed to remain free while additional appeals are pending \u2014 a process that could drag on for years.<\/span><\/p>\n

That forced the justices to wrestle with a question with far-reaching implications for scores of other powerful figures ensnared in <\/span>the large-scalecorruption investigation<\/span><\/a> known as Car Wash, including the current president, Michel Temer: At what point in the appeals process may a defendant be imprisoned?<\/span><\/p>\n

On Thursday, the court gave its answer: It decided to maintain the status quo, which holds that defendants can be imprisoned after an appeals court upholds a verdict against them. With the ruling in hand, S\u00e9rgio Moro, the federal judge who presided over Mr. da Silva\u2019s trial, is expected to issue an arrest warrant for the former president in a matter of days.<\/span><\/p>\n

\u201cDon\u2019t think the fight will be easy,\u201d <\/span>Mr. da Silva told supporters<\/span><\/a> at a rally in Rio de Janeiro on Monday. \u201cIt\u2019s O.K. if we lose one round, but we cannot lose our willingness to fight.\u201d<\/span><\/p>\n

Prosecutors regard Mr. da Silva\u2019s case as the highest-stakes prosecution in their long crackdown on corruption, an effort that enjoys widespread support among Brazilians.<\/span><\/p>\n

If the court had allowed Mr. da Silva to remain free, it would have enraged the <\/span>crusading prosecutors and judges<\/span><\/a> who have tried since 2014 to stamp out Brazil\u2019s entrenched culture of graft.<\/span><\/p>\n

Thousands of the former president\u2019s critics demonstrated Tuesday night, demanding that the justices uphold their 2016 ruling that allows trial judges to jail defendants after a first appeal has been rejected. More than 5,000 prosecutors and judges have signed a petition supporting that position.<\/span><\/p>\n

But Mr. da Silva still commands the loyalty of millions of Brazilians. His supporters contend that removing the country\u2019s most popular presidential candidate from the ballot would be an affront to democracy. They say the case against him is nothing more than political persecution, and they vowed to take to the streets if the court ruled he can be imprisoned.<\/span><\/p>\n

Before the ruling, Chief Justice Rocha<\/span> called for calm<\/span><\/a> in a rare televised speech.<\/span><\/p>\n

\u201cWe are living in times of intolerance and intransigence,\u201d she said. \u201cThe strengthening of Brazilian democracy depends on civic unity for the peaceful coexistence of everyone. Different opinions must be respected.\u201d<\/span><\/p>\n

Justice Roberto Barroso, who voted against Mr. da Silva, noted that the president left office with high approval ratings and an impressive set of accomplishments.<\/span><\/p>\n

 <\/p>\n

Brazil\u2019s army chief, Gen. Eduardo Villas B\u00f4as, made a rare incursion into politics Tuesday night, saying that the armed forces \u201crepudiates impunity.\u201d <\/span>CreditUeslei Marcelino\/Reuters <\/span><\/p>\n

\u201cWe are not debating about a political legacy,\u201d he said. \u201cIt is whether jurisprudence that the court settled must be applied to all people. It is a test of our democracy.\u201d<\/span><\/p>\n

The ruling does not technically disqualify Mr. da Silva\u2019s candidacy. Instead, a different body \u2014 the Supreme Electoral Tribunal \u2014 will review each candidate\u2019s eligibility forms starting in mid-August. It is widely expected to reject Mr. da Silva\u2019s bid for office under the \u201cclean slate\u201d law, which disqualifies anyone who has a criminal conviction that has been upheld by an appeals court.<\/span><\/p>\n

Legal experts say that Mr. da Silva could try to fight the electoral court\u2019s ruling if he remained free, but that his imprisonment makes that quest all but impossible.<\/span><\/p>\n

\u201cThe Brazilian people have the right to vote for Lula, the candidate of hope,\u201d Mr. da Silva\u2019s party said in <\/span>a statement issued early Thursday<\/span><\/a> as it vowed to \u201cdefend this candidacy in the streets and in all spheres.\u201d The statement added: \u201cHe who has the backing of the people, who has the truth on his side, knows that justice will ultimately prevail.\u201d<\/span><\/p>\n

Thousands of people on both sides of the issue had gathered in Bras\u00edlia, the capital, for the court\u2019s decision.<\/span><\/p>\n

Passions have been running high as Mr. da Silva\u2019s candidacy has become increasingly embattled. Last week, the former president\u2019s <\/span>campaign buses were hit by gunshots<\/span><\/a> as he campaigned in southern Brazil. No one was hurt.<\/span><\/p>\n

Gen. Eduardo Villas B\u00f4as, the chief of the army, raised tensions higher still with his <\/span>posts on Twitter<\/span><\/a> on Tuesday, declaring that the military \u201crepudiates impunity.\u201d<\/span><\/p>\n

It was a rare venture into politics that was widely interpreted as saying that the Supreme Federal Court should rule against Mr. da Silva.<\/span><\/p>\n

In a country that was ruled by the military from 1964 to 1985, critics reacted with alarm, calling the comment inappropriate pressure at best, and at worst a veiled threat of military intervention if the former president prevailed in court.<\/span><\/p>\n

Rodrigo Janot, a former attorney general, <\/span>responded on Twitter<\/span><\/a>. \u201cThis definitely isn\u2019t good. If it is what it seems, another 1964 would be unacceptable,\u201d he said, referring to the coup that ushered in Brazil\u2019s military dictatorship.<\/span><\/p>\n

 <\/p>\n

A protest against Mr. da Silva in Sao Paulo, ahead of a Supreme Court ruling on whether he should start a 12-year prison sentence for corruption, potentially upending this year\u2019s presidential election.<\/span>CreditMiguel Schincariol\/Agence France-Presse \u2014 Getty Images <\/span><\/p>\n

But many others backed the army chief. His posts were shared more than 10,000 times and liked by more than 20,000 people in just three hours.<\/span><\/p>\n

Many people, including other military leaders, posted messages with their support. \u201c<\/span>We\u2019re in the trenches together!!! We think alike!!! Brazil above all!!!<\/span><\/a>\u201d wrote Gen. Antonio Miotto.<\/span><\/p>\n

In Mr. da Silva\u2019s trial, Judge Moro found that the former president had accepted bribes \u2014 in the form of an oceanfront apartment \u2014 in return for steering contracts to a construction company.<\/span><\/p>\n

The corruption allegations against Mr. da Silva are only a small part of the wide-ranging Car Wash investigation.<\/span><\/p>\n

The inquiry, which began in 2014 with a seemingly routine look into money-laundering accusations, has ensnared scores of powerful business executives and politicians across the political spectrum.<\/span><\/p>\n

But Mr. da Silva\u2019s case carries tremendous legal and political implications for the country.<\/span><\/p>\n

In an editorial <\/span>published in the Folha de S. Paulo<\/span><\/a> newspaper on Wednesday, Prosecutor General Raquel Dodge said that allowing defendants to remain free after repeated appeals had been rejected was an \u201cexaggeration that annihilates the justice system because then justice is delayed, and for this, it fails.\u201d<\/span><\/p>\n

Jorge Oliveira, 50, a former army paratrooper, said he hoped that Mr. da Silva would be jailed soon and that his downfall would be the first step toward a drastic political transformation.<\/span><\/p>\n

\u201cThe guy needs to be jailed,\u201d Mr. Oliveira said. \u201cThen a general needs to take power, oust Temer, hold things together for three years and call for new elections.\u201d<\/span><\/p>\n

J\u00e9ssica da Silva Facundo, by contrast, said she had been rooting for Mr. da Silva, largely out of nostalgia for the prosperity Brazil experienced during his time in power.<\/span><\/p>\n

\u201cDespite the fact that he stole, during his government I was doing better,\u201d said Ms. da Silva, who is not related to the former president.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

By ERNESTO LONDO\u00d1O and SHASTA DARLINGTONAPRIL 4, 2018 Former President Luiz In\u00e1cio Lula da Silva of Brazil during a campaign rally in March. He has a significant lead in polls ahead of a presidential election scheduled for October. CreditEraldo Peres\/Associated Press BOA VISTA, Brazil \u2014 Brazil\u2019s top court ruled early Thursday that former President Luiz In\u00e1cio Lula da Silva can… Read more »<\/a><\/p>\n","protected":false},"author":37,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-1528","post","type-post","status-publish","format-standard","hentry","category-article"],"_links":{"self":[{"href":"https:\/\/baileyonlineclassroom.com\/theamericasblog\/wp-json\/wp\/v2\/posts\/1528","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/baileyonlineclassroom.com\/theamericasblog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/baileyonlineclassroom.com\/theamericasblog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/baileyonlineclassroom.com\/theamericasblog\/wp-json\/wp\/v2\/users\/37"}],"replies":[{"embeddable":true,"href":"https:\/\/baileyonlineclassroom.com\/theamericasblog\/wp-json\/wp\/v2\/comments?post=1528"}],"version-history":[{"count":1,"href":"https:\/\/baileyonlineclassroom.com\/theamericasblog\/wp-json\/wp\/v2\/posts\/1528\/revisions"}],"predecessor-version":[{"id":1529,"href":"https:\/\/baileyonlineclassroom.com\/theamericasblog\/wp-json\/wp\/v2\/posts\/1528\/revisions\/1529"}],"wp:attachment":[{"href":"https:\/\/baileyonlineclassroom.com\/theamericasblog\/wp-json\/wp\/v2\/media?parent=1528"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/baileyonlineclassroom.com\/theamericasblog\/wp-json\/wp\/v2\/categories?post=1528"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/baileyonlineclassroom.com\/theamericasblog\/wp-json\/wp\/v2\/tags?post=1528"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}