Silva
© Miguel Schincariol/AFP/Getty ImagesLula da Silva could face off against Bolsonaro in 2022 elections in Brazil.
Brazil's supreme court has ruled that the former judge Sergio Moro was biased in the way he oversaw former President Luiz Inácio Lula da Silva's corruption trial, providing vindication for the leftist leader who has long claimed political persecution.

The decision further darkens the shadow over the reputation of Moro and the sweeping "Car Wash" corruption investigation he presided over for years.

He sentenced hundreds of business and political leaders previously believed to enjoy impunity, and transformed himself into one of the Brazil's best-known public figures. Some hailed him a hero while others accused him of being a zealot.

"In this case what is discussed is something that for me is key: everyone has the right to a fair trial, due legal process, and the impartiality of the judge," said Justice Carmen Lucia, who cast the tie-breaking vote.

Leaked messages published by the Intercept Brasil in 2019 showed apparent collusion between Moro and prosecutors during the process that ultimately jailed Da Silva for corruption and money laundering. His conviction on appeal sidelined him from the 2018 presidential elections, pursuant to the rules of Brazil's "clean slate law", and allowed the fringe lawmaker Jair Bolsonaro to cruise to victory. Moro quickly became Bolsonaro's justice minister.

Tuesday's ruling follows a separate decision from Justice Edson Fachin on 8 March to annul Da Silva's two convictions, on the grounds that he was tried in a court without proper jurisdiction, and establishing that he could be retried in federal court in the capital, Brasilia.

"Moro enters history as a judge who, for motives alien to the justice system, opted to strip the political rights of a great leader with whom he didn't agree," said Senator Jean Paul Prates, of Da Silva's Workers' party. Da Silva is universally known as Lula in Brazil. "This decision combined with the annulment of Lula's convictions at the start of month make more than clear: he is innocent!"

While the decision this month cleared the way for Da Silva to oppose Bolsonaro in 2022 elections, it was also interpreted by legal experts as a means to head off a ruling on allegations of Moro's bias, and in so doing preserve the convictions and credibility of Car Wash. Another justice called for a vote on the pending matter regardless.

With their 3-2 decision on Tuesday, the justices prohibited evidence gathered in the Car Wash probe about Da Silva's alleged ownership of a triplex in the beach town of Guaruja from being used in any eventual trial. The justices did not rule whether evidence gathered previously could be used when retrying Da Silva's other conviction, or in his other two unresolved criminal cases.

Bolsonaro
© Evaristo Sa/AFP/Getty ImagesBrazilian President Jair Bolsonaro and Sergio Moro.
Michael Mohallem, coordinator of the Justice Centre of the Getulio Vargas Foundation, said the ruling brought any corruption proceedings against Da Silva back to square one and solidified his 2022 candidacy. It also provided a glimmer of hope for others who have been jailed.

"Lula will be able to say he was persecuted by a judge who wanted to convict him. For the political campaign that's very valuable," Mohallem said. "The fear is that many inmates will present cases to annul their sentences. The ruling opens that discussion."