Lula asks court to preempt potential bench warrant to testify in person

Lawyers of former President Luiz Inácio Lula da Silva filed a petition for a writ of habeas corpus with the São Paulo State Court of Justice Monday (Feb. 29) to preempt a bench warrant. The São Paulo Public Prosecutor's Office has summoned him to provide clarifications about his role in buying a share in a housing cooperative for a triplex apartment in Guarujá, a coastal city in São Paulo state.

In a note, Lula Institute confirmed the habeas petition and said the former president has provided his clarifications in writing. The note went on to say testifying in person is not compulsory at this stage in the case.

In case the former president fails to show up Thursday (Mar. 3) to provide details concerning the purchase of the property as arranged by Prosecutor Cassio Conserino, he could face a bench warrant.

According to Lula Institute, the former president challenged the assignment of the case to Conserino claiming he is not an “obvious” choice to handle the case for the prosecution, because the assignment was not in accordance with the rules set out in the Organic Law governing the São Paulo Public Prosecutor's Office.

“In this particular case, the procedures to assign the case were not observed, as even the National Council of the Public Prosecutor's Office (CNMP) has recognized. The counsel for Lula and his wife Marisa are going to challenge this—they have the right to do so according to the CNMP,” the Lula Institute note read.

According to Lula's lawyers, the prosecutor stated a prejudiced opinion. “In [a recent] interview to Veja magazine, Prosecutor Conserino said very positively that he was going to indict the former president and Mrs. Marisa, even though the investigative proceeding was not over and they [Lula and Marisa] had not been given the opportunity to be heard.”

Translated by Mayra Borges