Brazil's Supreme Court rules coercion against jailed former President Lula da Silva unconstitutional

The Supreme Court of Brazil ruled today that the use of coercion against former President Luiz 'Lula' da Silva to force him to testify was unconstitutional.

The 6 to 5 ruling thus renders inadmissible any testimony obtained from da Silva by Judge Sérgio Moro in March 2016, as part of the massive Lava Jato (Car Wash) investigation into reported bribery at the state-owned oil concern Petrobras.

The Supreme Court ruled that testimony obtained by force from someone not being formally charged or prosecuted, as was the case at the time, should be done as a last resort, and only if the witness remains uncooperative.

The ruling may be followed by da Silva's release, subject to a motion to that effect from District Attorney Raquel Dodge.

Da Silva, who governed Brazil from 2003 to 2011, has been in prison since April 8, after being sentenced by Judge Moro for allegedly accepting $1.2 million worth of bribes from engineering firm OAS - including a $700,000 beachfront apartment - in return for help securing contracts with Petrobras.

The former president denies the charges, noting that no corroborating evidence has surfaced against him of either bribery or of ownership of the beachfront apartment itself.

He accused the judge of instead seeking to prevent him from taking part in presidential elections this October, which polls show he would win handily.

Da Silva's successor and fellow Workers' Party leader, former President Dilma Rousseff, noted that the right-wing Michel Temer regime, mired in single-digit approval and corruption scandals of its own, “needs Lula imprisoned because they lack a candidate capable of winning” the upcoming election.

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Former Brazilian President Lula da Silva. Arguably his country's most prominent detainee, he maintains a commanding lead in polls ahead of presidential elections this October.