Brazilian Supreme Court rejects Lula appeal to avoid jail
April 5, 2018
Justices had been weighing whether former President Lula should be allowed to put off beginning a 12-year sentence while he appeals a corruption conviction. The ruling against Lula will likely end his political career.
After deliberating for more than 10 hours, the court voted 6-5 to reject Lula's petition, denying his bid to remain free until he has exhausted all possible appeals.
'Could lead to impunity'
Court president Carmen Lucia cast the tie-breaking vote, saying that postponing Lula's sentence "could lead to impunity."
"The constitution secures individual rights, which are fundamental to democracy, but it also assures the exercise of criminal law," she said.
The top court's decision means that he will likely soon be forced to begin his 12-year prison sentence for taking bribes. Some reports suggested the former president could already be incarcerated later on Thursday.
The court ruled against Lula following apparent pressure from a top general earlier this week. In a tweet, General Eduardo Villas Boas appeared to back Lula's incarceration in remarks that triggered public criticism for its interventionist overtone.
"In Brazil's current situation, it's worth asking our institutions and the people who is really thinking about what is best for the country and future generations, and who is only worried about their personal interests?" Boas said.
Boas' remarks were criticized by human rights groups, with Amnesty International saying it represented a "threat to the democratic state of law." High-ranking military officials have largely remained outside the sphere of politics since the end of military dictatorship in 1985.
Days before the court ruling, thousands of protesters took to the street, calling for Lula da Silva to be imprisonedImage: picture alliance/AP Photo/S. Izquierdo
Brazil divided
Lula was president from 2003 to 2010. Last year he was found guilty of trading favors with a construction firm to receive a beachfront apartment. The ruling was upheld in January and his sentence was lengthened.
Brazil goes to the polls in October and this decision could radically alter results and possibly affect stability in Brazil. The former president will likely be disqualified from running if his sentence is not overturned before the ballots are set in August.
Lula's case has polarized Brazilians. The 72-year-old former metalworker and union leader is celebrated by those on the left for presiding over economic growth and lifting millions out of poverty. Many also view the judicial proceedings as a ploy by political rivals to keep him out of the election race.
On the right, however, Lula is the face of Brazil's biggest ever graft scandal, which has claimed several scalps of the country's political elite. President Michel Temer and former President Dilma Rousseff, Lula's protege, have also been implicated in the "Car Wash Operation," a Petrobas kickback scheme that continues to rock Brazil's political landscape.
Squatting in Rio: How the poor are reclaiming their rights
Brazil's Rio is facing a severe housing problem. The poor are excluded from the city center and even pushed out of the centrally located favelas. Sanne Derks takes a look at what's being done to help them.
Image: DW/S. Derks
Squatting and playing
Isabelle plays in an old warehouse in the Rua da Lapa, in Rio’s city center. Her grandparents squatted in the place more than 30 years ago. Over time they constructed walls, rooms, and a bar inside.
Image: DW/S. Derks
Colonial decline
For the most part, old 19th century colonial-style houses are left abandoned, usually when the original Portuguese owners die. More often than not, the poor move in, as Rio's rich prefer the newly constructed apartment buildings.
Image: DW/S. Derks
Exploiting every space available
Very often the houses are divided into compartments to accommodate as many people as possible. This ramshackle building near Gloria metro is home to around 30 people in 18 rooms who share a common kitchen.
Image: DW/S. Derks
Down, but not out
As a result of rising prices and a lingering economic crisis the population of homeless people in Rio has tripled in the past years. At night they look for a quiet place to sleep such as here in Rua da Lapa.
Image: DW/S. Derks
Organized squatting
Sometimes the act of squatting takes on a well-prepared and organized form, spearheaded by social institutions, like this one in Mariana Crioula in the port area. For more than seven years they've been putting pressure on the government to construct apartments.
Image: DW/S. Derks
Waiting for approval
The 70 members of this initiative pay a contribution and hope, one day, to obtain an apartment. A meeting is held every two weeks. Their proposals, including the outlines by architects, have been approved, but the final step to free up the funds to start the construction is still being held up.
Image: DW/S. Derks
Starting from scratch
Quilombo da Gamboa is another social project trying the same process. However, living here is stressful. "A few weeks ago there was a fire that ruined part of the place. Firemen came and tried to force us out. As a squatter, you can lose your house in a few minutes," Roberto told DW.
Image: DW/S. Derks
Danger is just around the corner
Roberto points out the dangers of squatting. "While occupying a previous building, people made me the de facto leader. Social cohesion fell apart when drug traffickers entered and took over." After being assaulted with a gun, he had to flee and started all over with the Quilombo da Gamboa Project.
Image: DW/S. Derks
A bad reputation
In Brazil, many social projects get a bad press and are painted as criminal organizations as they are associated with the poor, squatters, violent gangs and drug traffickers.
Image: DW/S. Derks
Keeping an eye out
All those involved in the various projects agree that in order to be successful, the individual groups need a strong and effective structure. One of the rules is to monitor 24/7 who enters and leaves the houses. Creozlita Silva do Nacemente is seen her during her door shift at Manuel Congo, where apartments were constructed after squatters had moved in.
