The three ministers of the 8th Panel of TRE-4 voted to maintain the sentence and extend Lula's prison sentence in relation to the verdict of federal judge Sérgio Moro.
A unanimous decision reduces to a single possibility Lula's appeal to TRF-4 - the so-called confinement appeals, which will have to be judged by the same judges, but have no power to reverse the conviction. After the judgment of this appeal, the sentence may be executed.
Officials considered in their votes that: 1) Lula received a bribe from the OAS contractor in the form of a triplex apartment in Guarujá; 2) the bribe was derived from a corruption scheme at Petrobras; 3) the money came from an OAS account that supplied the PT in exchange for favoring the company in contracts with Petrobras; 4) Although there was no formal transfer to Lula, the property was reserved for him, which constitutes an attempt to hide the assets (money laundering); 5) although there may not have been an "official act" in the form of a counterpart to the company, only acceptance of the promise of receiving undue advantage through the power to grant the benefit to the contractor already constitutes corruption; 6) the facts investigated in the Operation Lava Jato reveal practices of purchase of political support of parties identical to those of the mensalão scandal; 7) Judge Sérgio Moro - whose impartiality is challenged by the defense - was apt to judge the case.
The former president's defense denies the charges: 1) says he does not own the apartment; 2) that there is no evidence that money obtained by OAS in contracts with Petrobras was used in the apartment; 3) that, according to this thesis, Moro, responsible for Lava Jato, could not have adjudicated the case; 4) that the judge acted in part; 5) that Lula is the target of political persecution.
Even after the proclamation of the result, 1) Lula will not be arrested immediately; possible arrest only after the trial of the last resort of the defense to the court; 2) defense may appeal to the STJ and the Supreme Court to try to reverse conviction; 3) PT may register Lula's candidacy for president; 4) application may be maintained as long as there are pending appeals against the conviction; 5) TSE will decide if it will be ineligible.
