And indeed, the nasty bickering and hand wringing that followed the voting—and the hysterical calls to dismantle the structures of this ancient Republic to suit the short-term ambitions of the factions that now appear to gasp power—all suggest the start of what passes for rectification campaigns in the U.S. From the day after that first Tuesday in November, the authority of both political parties shattered. The intelligentsia stood marked as substantially out of touch (both of the left and the right and within ivory tower, think tanks and among the chattering classes who inhabit news and social media), and the fault lines of social, ethnic, religious, economic, and sub-national divisions became much clearer. ("Yes, Donald Trump Will Be A Good President").
Where the United States has descended into data driven closed circles of opinion generation-response-opinion generation (a perverse version of the Chinese mass line applied by the American privatized vanguard parties), Brazil remains true to its imperial past, and its imperial dependencies. The habits of Empire, and the relationships of local elites to an imperial center now appear not in the form of an allegiance to a particular metropolitan state, but rather to a metropolitan apparatus of ideology and its norm structures. Here one encounters transnational constitutionalism in the service of liberal democracy and its management through law (here). Where the United States and China look inward for the management of its populations and their politics--the Brazilians look back outward to an imperial center for the management of its political structures and their effects.
The UN Human Rights Committee has requested Brazil to take all necessary measures to ensure that Lula can enjoy and exercise his political rights while in prison, as candidate in the 2018 presidential elections. This includes having appropriate access to the media and members of his political party. The Committee also requested Brazil not to prevent him from standing for election in the 2018 presidential elections, until his appeals before the courts have been completed in fair judicial proceedings. The technical name for this request is "interim measures" and these relate to his pending individual complaint which remains before the Committee. This request does not mean that the Committee has found a violation yet - it is an urgent measure to preserve Lula’s right, pending the case consideration on the merits, which will take place next year.
It is important to note that although this response is being provided through the UN Human Rights Office, it is a decision of the Human Rights Committee, which is made up of independent experts. This response may be attributed to the Human Rights Committee. (Information note on Human Rights Committee).
SAO PAULO (Reuters) - The United Nations Human Rights Committee, a panel of independent experts, on Friday said it had requested that the Brazilian government allow imprisoned former president Luiz Inacio Lula da Silva to exercise his political rights as a presidential candidate.Lula is the candidate for his Workers Party (PT) and leads presidential polls ahead of the October ballot, but is widely expected to be banned from running by an electoral court. He was jailed in April on a corruption conviction.The U.N. Committee, which oversees countries’ compliance with the International Covenant on Civil and Political Rights, said in an emailed statement that it asked Brazil’s government “not to prevent him from standing for election in the 2018 presidential elections, until his appeals before the courts have been completed in fair judicial proceedings.”The statement added the Brazilian government should ensure “that Lula can enjoy and exercise his political rights while in prison, as candidate in the 2018 presidential elections.”“This includes having appropriate access to the media and members of his political party,” the committee said.Brazil’s U.N. delegation in Geneva said in a written statement that the committee’s conclusions were not legally binding, but that the recommendations on Lula would be passed on to the country’s judiciary.Under Brazilian law, Lula is allowed free access to his lawyers, which include some top PT figures, as well as weekly family visits. He is allowed to communicate in writing, but federal prosecutors say he is barred from making video or audio recordings.U.S. will continue 'actions' against Maduro: EnvoyLula’s legal team said in a written statement that they interpret the committee’s decision as meaning that “no Brazilian government entity can present any obstacles to former president Lula’s ability to run in the 2018 presidential elections, until his appeals are exhausted in a fair trial.”Ahead of the Oct. 7 vote, Brazil’s top electoral court is expected to declare Lula ineligible in the coming weeks under a “Clean Slate” law that bans politicians from seeking public office if they have been convicted of a crime and it has been upheld on appeal, as is the case with Lula.Lula has said his conviction was the result of political persecution and that it is part of a right-wing conspiracy to keep him from regaining the presidency.
The United Nations Human Rights Commission will analyze the case of former Brazilian President Luiz Inacio Lula da Silva who has been imprisoned since April on alleged corruption charges.Mr. Lula da Silva's Workers' Party also posted a notice of the action Comitê da ONU deve julgar perseguição política a Lula em março (in Portuguese)
Lula’s lawyer denounced both Lula's arrest and the cruelty of the current Brazilian administration for not allowing Lula to attend his brother's funeral in January.
Lula's defense team handed the case over to the U.N. Thursday as reported by the Workers' Party (PT).
Lula da Silva, who was arrested after being convicted in the Lava Jato corruption case by a Federal Regional Court, is internationally recognized as a political prisoner. His imprisonment kept him from running for president in the October 2018 general elections and paved the way for the victory of far-right President Jair Bolsonaro.
During a meeting of the UNHRC in March, Lula’s case is expected to be analyzed by 18 judges from different nations.
Judge Sergio Moro, who sentenced Lula to prison, was appointed by President-elect Jair Bolsonaro as the future justice minister, raising suspicions about his intentions.
In early February, the Brazilian Workers' Party (PT) convened for demonstrations in Sao Paulo, Porto Alegre, Cuiaba, and other cities across the country to support Lula da Silva, who was condemned by Judge Gabriela Hardt to 12 years and 11 months in prison on no grounds.
Since April, Lula has been a prisoner of the Federal Police in Curitiba, capital of the southern state of Parana for alleged acts of corruption.
Os advogados do ex-presidente Luiz Inácio Lula da Silva entregaram na quinta-feira (21) a última manifestação ao Comitê de Direitos Humanos da ONU.What makes this even more interesting may be something perverse--the neo-colonialism inherent in Latin American internationalism to sort the gyrations of internal political contests. To conceive of these efforts in this way, of course, is heresy among some circles. The question, however, is worth asking, in a context in which states simultaneously seek autonomy for their politics (against outside interventionism) and then welcome such interventions strategically as leverage to manage that very same politics. The same question can be asked (a subject for a later post) about the strategic use of the International Criminal Court by African elites it he management of the aftermath of elections and the control of losing factions.In this way it appears to widen the gap that divides the way that the major powers order their political models, and the ways that other states conform to transnational models. Brazil is exemplary in it s willingness to leverage international organizations and international human rights normative standards to discipline the legalities of its internal political order. In the process it contributes both to the development of liberal democracy, and shifts that development from the great powers to emerging states. At the same time, this development represents a quite different engagement with concepts of sovereignty and its limits, and the transformation of politics from the expression of popular will, to the management of that will through the mediating structures of human rights.
Nela, Lula afirma que Sergio Moro pôs em dúvida a afirmação do Brasil de que, quando juiz, agiu com isenção, ao aceitar o convite de Jair Bolsonaro para comandar o Ministério da Justiça.
A defesa rebateu alegações do governo brasileiro ao organismo internacional. A peça apresentada ao Comitê pelo governo afirma que o petista pretende “confundir e enganar” o colegiado ao apontar direcionamento da Justiça e diz que a alegação de perseguição política “é uma afronta às instituições”. O texto sustenta que a acusação de parcialidade de Moro é infundada.
O processo agora está pronto para julgamento. A expectativa é a de que o caso seja incluído na pauta do colegiado do mês de março.
Os advogados de Lula também dizem que o ex-presidente foi tratado com “cruel mesquinhez” pelo Estado brasileiro. Eles listaram sentenças que negaram pedidos para ele sair temporariamente da prisão, como para velar o irmão Vavá no fim de janeiro.
Dezoito juízes de diferentes nacionalidades vão analisar o caso.