Lula’s Return Could Save Brazilian Democracy
- Nicolas Allen
With former Brazilian president Lula da Silva now eligible to run in next year’s election, Jair Bolsonaro’s grip on power is looking weaker than ever before. Amid the tide of reaction, Lula’s return means there is finally some hope for democracy and social justice in Brazil.

Luiz Inacio Lula da Silva, Brazil’s former president, speaks during a press conference after convictions against him were annulled at the Sindicato dos Metalurgicos do ABC on March 10, 2021, in Sao Bernardo do Campo, Brazil. (Alexandre Schneider/Getty Images)
On March 8, Brazil was greeted with the unexpected news that Supreme Federal Court justice Edson Fachin had annulled all convictions of former president Luiz Inácio Lula da Silva. Prior to that decision, Lula was still facing indictment and minor offense convictions, making him ineligible for political office under Brazilian law. The court’s enormously significant decision makes Lula eligible to run in the 2022 presidential race, though it still remains for the indictments to be definitively withdrawn.
Despite the fact that Lula was released from prison in 2019 on the heels of the Vaza Jato (Car Wash) leaks, the decision that freed him was not based on The Intercept’s revelations of legal conspiracy. Instead, he was released after 580 days thanks to a Supreme Federal Court (STF) ruling that anyone in the process of a legal appeal should remain free during trial proceedings (a ruling that reversed the STF’s previous decision in the run-up to the 2018 elections, made under duress from the military and in violation of the Constitution).
The decision to release Lula resolved, as it were, two issues. On the one hand, it freed the Brazilian justice from the embarrassment of keeping Lula in prison, after it was revealed by the actions of a hacker that then-judge Sérgio Moro arranged the conviction with the accusers. On the other hand, it spared Moro, who at that time was Bolsonaro’s minister of justice, the biggest beneficiary of Lula’s arrest, since the judicial plot, although it served as a backdrop, was not the reason for Lula’s release.