August 31, 2018
Faced with the violence that was committed today by the Superior Electoral Court against the rights of Lula and the people who want to elect him president of the Republic, the Workers’ Party affirms that it will continue to fight by all means to guarantee his candidacy in the October 7 elections.
We will present all the appeals to the courts so that Lula’s political rights, provided in the law and also in the international treaties ratified by Brazil, may be recognized. We will defend Lula in the streets, together with the people, because he is the candidate of hope.
It is a lie that the “Clean Slate” law would prevent the candidacy of those who were convicted twice, such as Lula’s unjust situation. Article 26-C of this Law states that ineligibility may be suspended when there is a plausible remedy to be tried. And Lula has appeals before the Superior Court of Justice (STJ) and the Federal Supreme Court (STF) against the arbitrary sentence.
It is a lie that Lula could not participate in the election because he is being held. Article 16-A of the Electoral Law provides that a candidate at the trial stage may “carry out all acts relating to the election campaign, including using the free election timetable on radio and television and having his name kept in the electronic ballot box”.
The Electoral Justice recognized the rights provided in these two laws to dozens of candidates in recent elections. In 2016, 145 Mayor Candidates contested such a law, and 98 of them were elected and govern their cities. Is it only for Lula that the law doesn’t apply?
The UN Human Rights Committee determined that Brazil should guarantee Lula’s political rights, including the right to be a candidate. And Brazil has an obligation to comply, because it signed the Optional Protocol with the International Covenant on Civil and Political Rights. And the National Congress approved Legislative Decree 311, which recognizes the authority of the Committee. The TSE does not have the authority to deny what an international treaty that Brazil sovereignly signed says.
The argument that the TSE would have to decide on Lula’s registration before election time is false, as Minister Barroso argued. The deadlines were chosen with the aim of excluding Lula. They are arbitrary and thus create legal uncertainty. There is a legal system for the powerful and an exception system for the citizen Lula.
In a week that will embarrass the Judiciary forever, the leadership of the Judiciary negotiated a 16.4% increase in the already indecent salaries of ministers and judges, sanctioned the criminal outsourcing of labor contracts and now directly attacked democracy, the rights of voters and the rights of the country’s largest political leader. It is a political suspension, based on lies and arbitrariness, as in the time of the dictatorship.
The violence practiced today exposes Brazil to the world as a country that does not respect its own laws, that does not comply with its international commitments, that manipulates the judicial system, in complicity with the media, to carry out political persecution. This system of power, strongly supported by the Globo network, led the country into backwardness, the people into suffering and brought hunger back.
Comrade Lula’s candidacy is the response of the Brazilian people to the powerful who usurped power. Lula, and everything he represents, is above the case, the judicial maneuvers, and the persecution by the powerful.
With the people of Brazil and with Lula that we will fight until the end
Lula is our Candidate!
Lula is out President!
National Executive Committee of the Workers’ Party