Do you know the reasons why former President Lula was arrested in the military dictatorship ? Luiz Inácio Lula da Silva spent 31 days incarcerated in 1980 at the headquarters of Dops, the Department of Political and Social Order in São Paulo, capital.
The politician was arrested on April 9 because of his role as a trade unionist in the ABC region of São Paulo.
Initially, he was to be imprisoned for three and a half years, but he appealed and his pen was eventually reassessed. He spent only a month. Check out more details on why Lula was arrested in the military dictatorship.
Reason for Lula’s arrest in the 1980s
It was because of his performance during a strike in the São Paulo ABC that Lula was arrested . He was at the head of the São Bernardo do Campo Metalworkers’ Union and was appointed as the mentor of the shutdown that affected dozens of industries in the region.
On the 17th day of the strike, General João Batista Figueiredo’s Labor Minister, Murilo Macedo, ordered intervention in the union and the arrest of the then leader of the organization. It was framed in the National Security Law, the LSN.
According to the former president, this action to arrest him only strengthened the movement. In testimony to the National Truth Commission, he said in 2014: “What happened when they arrested me? It was a further motivation for the strike to continue, the women had a very beautiful march in São Bernardo do Campo, then it was that first historic May, in which was Vinícius de Moraes, and the strike lasted almost 30 days. “
What was the National Security Law, the LSN
The origin of the National Security Law, the LSN, came into force on April 4, 1935. The idea was to punish crimes against the social and political order, especially those that threatened state security.
It was up to Getúlio Vargas to perfect it and bring even more rigor to its terms. The year 1936 marked another step for the National Security Law, the LSN, to become the basis for the coming years of the military dictatorship: the creation of the TSN, the National Security Court.
Even in the years in which the dictatorship did not exist, as in the era of Estado Novo, this law was maintained, which allowed it to be resumed shortly after the military coup of 1964. The LSN was strengthened during the Superior School of War.
This law was the starting point for many opposition members of the military regime to be arrested, as was the case of Luiz Inácio Lula da Silva. It inspired Law No. 7,170, dated December 14, 1983, which would serve as a basis for the arrest of the former president.
Latest law reinforces the LSN
In the 1983s, Law No. 7,170, of December 14, reinforced the LSN, since it began to define crimes against national security, political and social order, establish its process and judgment and take other measures. Check out their terms:
Art. 1 – This Law provides for crimes that harm or expose the danger of injury:
I – territorial integrity and national sovereignty;
Il – the representative and democratic regime, the Federation and the Rule of Law;
Ill – the person of the heads of the Powers of the Union.
Art. 2º – When the fact is also predicted as a crime in the Penal Code, Military Penal Code or special laws, the following shall be taken into account for the application of this Law:
I – the motivation and objectives of the agent;
II – the actual or potential injury to the legal assets mentioned in the previous article.
Art. 3 – Punishment is attempted with the sentence corresponding to the consummated crime, reduced from one to two thirds, when there is no express prediction and specific comination for the figure tried.
Sole paragraph – An agent who, voluntarily, desists to continue in the execution, or prevents that the result is produced, only responds by the acts already practiced.
Art. 4 – These are circumstances that always aggravate the penalty, if not elementary of the crime:
I – be the recidivist agent;
II – have the agent:
a) practiced the crime with the aid, of any kind, of government, international organization or foreign groups;
b) promoted, organized or directed to the activity of the others, in the case of the contest of agents.
Art. 5 – In peacetime, the execution of the custodial sentence, not exceeding two years,
may be suspended for two to six years provided that:
I – the convicted person is not a repeat offender of an intentional crime, except as provided in paragraph 1 of art. 71 of the Military Penal Code;
II – its antecedents and personality, the reasons and the circumstances of the crime, as well as its subsequent conduct, authorize the presumption that it will not return to the crime.
Sole paragraph – The sentence shall specify the conditions to which the suspension is subject.
Article 6 – The punishability of crimes provided for in this Law is extinguished:
I – by the death of the agent;
Il – by amnesty or pardon;
III – by the retroactivity of the law that no longer considers the fact as criminal;
IV – by prescription.
Art. 7 – In the application of this Law, the General Part of the Military Penal Code and, in the alternative, its Special Part shall be observed, where applicable.
Sole paragraph – Minors under the age of eighteen years are criminally unenforceable, subject to the norms established in the special legislation.
Lula’s Prison Routine in the 80’s
Former President Luiz Inacio Lula da Silva spent 31 days in prison in 1980 . On the charge of violating Law No. 7,170, of December 14, 1983, which was inspired by the National Security Law, the LSN, of 1935.
According to Lula, at the time, the delegate responsible for the chain, the delegate Romeu Tuma, had a sympathetic attitude towards the demands of the metallurgists, who went on strike for better wages, not getting involved in political matters. Therefore, he says that he was treated well during his month in prison, unlike the political prisoners who had speech against the dictatorship.
For this reason, Lula was released during this time to accompany the mother’s funeral, which came to die precisely during the days that were in jail; in addition, he came to watch football games inside the cell and be practically a celebrity during the month that passed behind the bars.
Shortly after his arrest, his lawyers appealed against the decision, and he was released in 31 days.