the former president Luiz Inacio Lula da Silva (PT) sued the Federal Supreme Court (STF) against a decision by the Federal Court that maintained the blocking of part of the PT’s assets in a process that investigates the collection of taxes of about R$ 19 million.
Lula’s defense filed a complaint with the Supreme Court on Monday (27.Sep.2022). It asks the Court to overturn decisions taken by the Justice that are related to evidence and elements obtained by Lava Jato, and which were annulled by the STF. The case was left to the rapporteur of Minister Gilmar Mendes. Here’s the intact of the action (3.8 MB).
In a ruling in early September, the TRF-3 (Federal Regional Court of the 3rd Region) had rejected an appeal by Lula against a decision that denied the annulment of the blockade of assets and the collection of tax credits against the PT. These are the obligation to pay taxes, determined by an administrative process. read the intact of the judgment (394 KB).
The decision partially accepted the arguments of the PGFN (Attorney General’s Office of the National Treasury) that the process in progress was not the appropriate way to question the tax collection. In a demonstration to the TRF-3, the prosecutor of the Farm Daniel Wagner Gamboa had stated that Lula’s lawyers wanted to “widen scope” of the action on the blocking of assets, and that the request for annulment should be made in a legal action of its own.
also declared that “the STF did not acquit” Lula and did not annul investigative acts by the Lava Jato operation task force. read the intact of the manifestation (966 KB).
The case refers to charges by the National Treasury against the Lula Institute in which Lula himself, his lecture company and Paulo Okamoto, director and former president of the Institute, are also responsible for the payment. According to the Revenue, there was use of the Lula Institute’s structure, employee and directors to “purposes other than those provided for in its bylaws”.
Lula’s action in the Supreme Court argues that part of the elements that make up the Internal Revenue Service’s procedures to define the value of tax collection would be “contaminated” by documents that were annulled by the STF. The complaint is used when it is understood that a decision disrespected the theses established by the Court. It is not necessary for the process to go through all the Courts in order for it to arrive as a complaint at the STF.
The PT’s defense cited in the action the judgment of the 2nd Panel of the Supreme, in March 2021, which declared the former judge Sergio Moro (União Brasil-PR) suspect to try Lula in the Guarujá triplex case. With the determination, acts such as precautionary measures, depositions and evidence were annulled.
“We seek to guarantee the authority of r. decision taken by the 2nd. Judging panel of this Federal Supreme Court that, on 03.23.2021, in the case of habeas corpus no. scope of Criminal Action no. 5046512-94.2016.4.04.7000/PR (case “Triplex in Guarujá), including the acts practiced in the pre-procedural phase”says the play.
For the ex-president’s defense, by rejecting the appeal, the TRF-3 confirmed a “flagrant use of illicit evidence, affronting authority” of the Supreme Court’s decision.
In this case, the IRS was based on data and information collected in Operation Aletheia, the 24th phase of the lava jet.
“In this case, in addition to integrating the argumentative structure of the Tax Cautelar under analysis, it is important to highlight that such illicit elements were decisive in the sentence handed down by d. Floor court, leaving more than evident the complete nullity of the original records by derivation”, argued Lula’s lawyers.
The defense also criticizes the manifestation of the PGFN, saying it is “absolutely vexatious”.
“Dissatisfied with just challenging this Supreme Court, the Attorney General of the National Treasury DANIEL WAGNER GAMBOA further shredded the constitutional text to, in an act of hysteria, try to tarnish the Claimant’s innocence status – in the midst of a tax injunction (??? ), it is a good idea to record”.
He also said that Lula’s opponents in this year’s elections took advantage of the PGFN demonstration in order to “reflect the bizarre and outrageous position of the Attorney General of the National Treasury” for “to manufacture political facts on the eve of the upcoming contest”.
Understand
The case refers to charges by the National Treasury against the Lula Institute in the amount, in 2018, of BRL 15,326,636.80 (this amount, monetarily updated, would be the equivalent of BRL 19,655,867.60). Also considered responsible for the payment were Lula himself, his lecture company and Paulo Okamoto, director and former president of the Institute.
According to the Court, there was a “illegal business activity” for the “confusion between income and expenses” of those involved and deviation from the institute’s purpose. The situation would have impacted the collection of taxes by remunerating services and paying expenses of the institute.
With tax benefits, the institute would have carried out for-profit activities with the ex-president’s lectures.
Lula’s defense argued that the administrative proceedings at the Treasury originated from information obtained in Operation Aletheia, the 24th phase of the Lava Jato project. The PT’s lawyers stated that the STF has already annulled the decisions involving the Federal Court of Curitiba against Lula.
Therefore, according to the defense, the tax amounts owed should also be annulled with the total release of the blocked assets.
When expressing its opinion on the defense’s appeal, the PGFN (Attorney General’s Office of the National Treasury) said that Lula’s lawyers wanted to “widen scope” of the action on the blocking of assets, and that the request for annulment should be made in a legal action of its own. read the intact of the manifestation (966 KB).
“What is not possible is to convert this tax precautionary measure into a debt annulment action, unduly expanding the legal issue submitted to the Judiciary”reads an excerpt from the demonstration signed on May 26 by the farm prosecutor Daniel Wagner Gamboa.
The prosecutor goes further, and also contests the argument that the annulment of the cases by the Supreme Court would lead to the annulment of the tax collection case.
“The STF did not exonerate the defendant Luiz Inácio Lula da Silva. He did not address the merits of the conviction. It was not stated, at any time, that the defendant is innocent, but it was considered that it was not up to the Federal Court of Paraná to judge him in those specific cases. For the STF, the sentence given in Paraná was irregular and, therefore, invalid”said Gamboa.
“It should be noted that the STF annulled only the decision-making acts, leaving the validation of the instructive acts to the competent court of first instance”declared. “Thus, under the terms of article 66 of the CPP, the decision of the STF does not prevent the continuation of the administrative collection process. Indeed, the tax assessment was not disturbed by the decision of the Supreme Court, and the defendants did not bring concrete elements capable of dispelling the presumption of veracity of the administrative acts”.
An injunction (provisional) of the 1st Federal Tax Execution Court of São Paulo, in March 2018, had determined the blocking of all assets of Lula, his lecture company and the Lula Institute. read the intact of the decision (77 KB).
When judging the merits of the decision, in May 2018, Judge Higino Cinacchi Junior decided to release part of the amounts: the division of assets of Lula’s wife, Marisa Letícia (died in February 2017), R$24,128.04 of financial assets from the Instituto Lula and R$18,641.85 from LILS, the lecture company. read the intact of the decision (148 KB).
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