Lula was denounced by prosecutors: what happens now?

                                  

The Public Ministry of São Paulo (MP-SP) reported on Wednesday (9) former President Luiz Inacio Lula da Silva for money laundering in the case of 164-A triplex in Condo Solaris, in Guaruja. Prosecutors Cássio Conserino, Fernando Henrique Araujo and José Carlos Blat say the former president hid be owner of the property, which is registered in the name of the construction company OAS, one of the investigated by Operation Lava jet.

Several steps must still be taken in the process. Learn what they are.

1) What happens now?

The report will be distributed to a judge of the State Court of São Paulo. "Most likely the report will be distributed to Judge Tatiana War, the 5th Criminal Court of São Paulo, where he was already being processed the investigation of the prosecutor on the case," said Sao Paulo lawyer Luiz Flávio Gomes.

The judge responsible for the case immediately will quote the former president, who will have ten days to submit a preliminary defense. "All that is alleged by one party may be contested by the other, so that there is before the judge the adversarial principle," explains Rubens Beçak, PhD in constitutional law and professor at USP (University of São Paulo).

After the delivery of the previous defense of the former president, the judge must make his decision.

2) The former president is accused already in the process?

No. Former President just happens to be the defendant if the judge responsible for the case accept the complaint of the prosecution. If the complaint is rejected, the case will be filed if no resources of the promoters in the second instance.

3) be former President Lula is entitled to special privileges?

No. "From the moment that it is no longer
President Lula is judged as an ordinary citizen, so tramitará proceedings at first instance of the civil courts of São Paulo. ", says the lawyer Luiz Flávio Gomes The constitutionalist Rubens Beçak adds:" It's not because he held a position as important as the Presidency that it has to be treated differently. "

4) And if Lula turn the minister?

The process has to be sent immediately to the Supreme Court (Supreme Court) in Brasilia. "If we turn Lula minister, the judge must obligatorily submit the case to the Supreme Court, as ministers of state have called the forum prerogative and are judged by the highest court in the country," said the lawyer Luiz Flávio Gomes.

5) How long the process can last?

There is no deadline. If the complaint is accepted by the judge, Lula's former president turns defendant and starts the investigation stage of the process. "Accepting the complaint, the judge will reap as many tests as necessary in order to give judgment," explains Rubens Beçak constitutionalist. "The process can last from one to three years to reach a verdict," the lawyer Luiz Flávio Gomes.