Secret Brazil Archive: Sergio Moro is dirty; by law, Lula should be the President of Brazil right now

How and Why The Intercept Is Reporting on a Vast Trove of Materials About Brazil’s Operation Car Wash and Justice Minister Sergio Moro

Today’s articles show, among other things, that the Car Wash prosecutors spoke openly of their desire to prevent the PT from winning the election and took steps to carry out that agenda, and that Moro secretly and unethically collaborated with the Car Wash prosecutors to help design the case against Lula despite serious internal doubts about the evidence supporting the accusations, only for him to then pretend to be its neutral adjudicator.


Hidden PlotExclusive: Brazil’s Top Prosecutors Who Indicted Lula Schemed in Secret Messages to Prevent His Party From Winning 2018 Election

At the time of Lula’s conviction, all polls showed that the former president — who had twice been elected by large margins, in 2002 and then again in 2006, and left office with a 87 percent approval rate — was the overwhelming frontrunner to once again win the presidency in 2018.
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... the entire discussion, held over many hours, reads far less like a meeting of neutral prosecutors than a war-room session of anti-PT political operatives and strategists, focused on the goal of determining the most effective way to prevent or minimize the political impact of Lula’s interview.
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... no pre-election interview with Lula was permitted and he was thus never heard from prior to the voting. Only once the election was concluded and Bolsonaro won did the Supreme Court begin authorizing media outlets to interview Lula in prison.
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Now that the actual conversations and actions of the Car Wash team and of Moro can be revealed and seen, the public — both in Brazil and internationally — will finally have the opportunity to evaluate whether their longtime denials of being politically motivated were ever true.


Breach of EthicsExclusive: Leaked Chats Between Brazilian Judge and Prosecutor Who Imprisoned Lula Reveal Prohibited Collaboration and Doubts Over Evidence

In the files, conversations between lead prosecutor Deltan Dallagnol and then-presiding Judge Sergio Moro reveal that Moro offered strategic advice to prosecutors and passed on tips for new avenues of investigation. With these actions, Moro grossly overstepped the ethical lines that define the role of a judge. In Brazil, as in the United States, judges are required to be impartial and neutral, and are barred from secretly collaborating with one side in a case.
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Telegram messages between Sergio Moro and Deltan Dallagnol reveal that Moro repeatedly stepped far outside the permissible bounds of his position as a judge while working on Car Wash cases. Over the course of more than two years, Moro suggested to the prosecutor that his team change the sequence of who they would investigate; insisted on less downtime between raids; gave strategic advice and informal tips; provided the prosecutors with advance knowledge of his decisions; offered constructive criticism of prosecutorial filings; and even scolded Dallagnol as if the prosecutor worked for the judge. Such conduct is unethical for a judge, who is responsible for maintaining neutrality to guarantee a fair trial, and it violates the Judiciary’s Code of Ethics for Brazil.
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Moro denied these suspicions explicitly:

Let’s make something very clear. You hear a lot about Judge Moro’s investigative strategy. […] I do not have any investigative strategy at all. The people who investigate or who decide what to do and such is the Public Prosecutor and the [Federal] Police. The judge is reactive. We say that a judge should normally cultivate these passive virtues. And I even get irritated at times, I see somewhat unfounded criticism of my work, saying that I am a judge-investigator.

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... they lacked solid documentary evidence to prove that the apartment was Lula’s or that he ever facilitated any contracts. Without the apartment, there was no case, and without the Petrobras link, the case would fall out of their jurisdiction and into that of the São Paulo division of the Public Prosecutor’s office, which had argued that it, rather than Operation Car Wash prosecutors, had jurisdiction over the case against Lula.
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... Dallagnol messaged Moro and, in private, explained that they went to great lengths to characterize Lula as the “maximum leader” of the corruption scheme as a way to link the politician to the R$87 million (US$26.7 million, at the time) paid in bribes by OAS for contracts at two Petrobras refineries — a charge without material evidence, he admitted, but one that was essential so that the case could be tried under Moro’s jurisdiction in Curitiba.

Tom Usher

About Tom Usher

Employment: 2008 - present, website developer and writer. 2015 - present, insurance broker. Education: Arizona State University, Bachelor of Science in Political Science. City University of Seattle, graduate studies in Public Administration. Volunteerism: 2007 - present, president of the Real Liberal Christian Church and Christian Commons Project.