09/05/2017 | 9:50AM
Judge Sérgio Moro, of the 13th Federal Court of the southern city of Curitiba, Paraná, banned the defense of former President Luiz Inácio Lula da Silva from recording his testimony, slated for Thursday afternoon (May 10) as part of the case opened under Operation Car Wash. Lula is charged with receiving illicit advantages from construction company OAS.
Lula's la lawyers had announced they had plans to record his testimony. They also requested that the official recording of the trial cover all of the hearing room, not just the defendant, which was also denied by Moro.
In addition to arguing there is no legal basis for such requests, the judge claimed Lula's defense intends to turn his hearing into a political event, with activists being called for a demonstration in support of President Lula at the same time and place as the session.
“Thus, there is a risk the defendant and his counsel may likewise record the hearing, in both audio and video, not for private reasons or purposes compatible with those granted in the case—for instance, allowing the faithful register of the session for procedural purposes—but rather with partisan inclinations, utterly strange to the aim of the case,” Moro says in the ruling.
Cristiano Zanin Martins, Lula's lawyer, said he will appeal the decision, saying the recording of the hearing by the parties in the case is supported by the Brazilian civil code, despite not being found in criminal code.
In a note, Zanin said the regional office of the Brazilian Bar Association (OAB) in Paraná advocates the recording of the hearing by the defense as one of the lawyer's prerogatives.
Source: Agência Brasil