Brazil tribunal dismisses case against lawyer for calling Lula ‘ex-convict’

The TRF-5 tribunal has dismissed a criminal action against lawyer Thomas Crisóstomo, who was accused of injury for calling President Luiz Inácio Lula da Silva an ‘ex-presidiário’ (ex-convict) and criticizing the administration's use of the EBC.

The investigation was initiated following a 2023 post on X where Crisóstomo claimed the EBC had become a ‘job rack’ for the First Lady, Janja da Silva. While the Public Ministry of Brazil (MPF) initially sought a conviction for injury, the Second Chamber of the TRF-5 granted a habeas corpus to halt the process.

Relator Judge Paulo Cordeiro argued that the judiciary should not act as an ‘arbiter of elegance in political discourse’ or censor speech that may be considered in bad taste, stating that criminal protection of honor should be reserved for grave offenses unrelated to public interest or criticism.