Brazil Judges Issue Contradictory Orders on Lula’s Release

Brazilian judges yesterday played chess in granting freedom to imprisoned former President Luiz Inácio Lula da Silva.

This was the impression after an appeals court Judge Rogerio Favreto for the third time on Sunday ordered Lula be freed from prison.

But it was unclear whether authorities would effectively carry out the ruling to release the popular former president as Favreto’s decision may spark a conflict of jurisdiction.

Earlier in the day, Brazilian Judge Sergio Moro stymied the judge’s effort to release the jailed former president, highlighting the legal battle around the country’s most popular politician ahead of this year’s presidential election.

Moro, who sent Lula to prison in April for a bribery conviction, said the appeals court judge lacked authority to issue an order freeing him for campaigning in the run-up to the October vote.

Polls suggest the leftist icon could win a third term, but Brazilian electoral law forbids politicians from running for office within eight years of being found guilty of a crime.

Still, an electoral court may not issue a final ruling barring Lula from the presidential race until next month. Sunday’s legal back-and-forth may encourage supporters holding out hope that he can still return to unite Brazil’s left.

Appeals court judge Favreto, who served in the Justice Ministry under Lula and was appointed by his handpicked successor, said in his original order that for now the former president shouldhavethe same conditions to campaign as other candidates.

However, Moro said the chief justice on the appeals court instructed him not to free Lula immediately. Soon thereafter, anotherappellatejudgeresponsibleforthe formerpresident’scaseissueda decision that he should not be released.

The former president is serving time for taking bribes from an engineering firm in return for help landing contracts with a state firm. He faces another six trials for other corruption allegations. Lula has denied all wrongdoing.