Understand why former Peru’s first lady received asylum from Brazil

Former Peruvian first lady Nadine Heredia arrived in Brasilia, on Wednesday (16), on a Brazilian Air Force (FAB) plane after having diplomatic asylum granted by the Brazilian government.

THE CNN He found that the defense of Heredia claimed political persecution in the request to Brazil. It was also taken into consideration a cancer she faces.

The former first lady and her husband, former President Ollanta Humala, were sentenced to 15 years in prison by Peruvian justice on Tuesday (15), accused of illicit receipt of funds from Brazilian contractor Odebrecht (today Novoonor) for electoral campaigns. The defense intends to contest the decision at a higher instance.

THE CNN He contacted the lawyers who collaborate with the defense of the couple in Brazil to understand the details of the asylum request.

THE CNN It also questioned Itamaraty what is the official justification of the Brazilian government for the diplomatic asylum and awaits return.

The lawyer Marco Aurélio de Carvalho, from the Prerogatives Group, which acts in the defense of Heredia, reported that, as stated in the Convention on Diplomatic Asylum signed between Brazil and Peru in 1954, the asylum “can only be granted in cases of urgency”.

Carvalho highlighted the excerpt from the convention that “urgent cases are understood” those in which the individual “is in danger of being deprived of his life or his freedom for reasons of political persecution “.

Who judges whether the urgency is justified is the “asking state” – in this case, Brazil.

The defense of Heredia and Humala denounces the procedures of the Peruvian prosecutors who led to the conviction in the third Criminal Court of Lima and trace parallels with the Lava Jato task force in Curitiba. The lawyers intend to appeal to the conviction and to contest the couple’s pre -trial detention warrants at a higher court.

“The court’s understanding followed in the same line as the Brazilian TRF4, when the condemnation of those involved in Lava Jato, ignoring the obtaining evidence illicitly, a thesis that eventually thrived in the Brazilian Supreme Court (STF),” Leonardo Massud, Leandro Sarcedo and Marco Aurélio de Carvalho said in a statement.


Former Peru's first lady, Nadine Heredia, at an event at the Women's Ministry in November 2013.

“There is an undisputed excess. The parallel [com a Lava Jato no Brasil] It is really materially proven, indisputable, ”added Carvalho to CNN.

Carvalho pointed out that the fact that Peruvian President Dina Boluarte granted the safe conduct, which allowed Heredia to leave Peru, demonstrates that “she understood that there were the requirements established in the convention [sobre asilo político] celebrated among countries ”.

Cancer was also taken into consideration in the request

The lawyer said Nadine Heredia’s asylum request “also involves humanitarian issues for her to deal with a disease she is recovering.”

The former first lady faces cancer. She even asked the Peruvian court previously to travel to Brazil for treatment, but had the request denied, according to the lawyer.

“The asylum request takes into account the need to be cancer from which it recovers, but also takes into account other requirements that are present in the Federal Constitution of Brazil and the international treaty that Brazil and Peru signed in 1954,” says Carvalho.

Former first lady traveled on a plane from FAB with Filho

Heredia’s defense informed the CNN that the former first lady arrived at Brasilia Air Base around 11:40 am.

Nadine traveled to Brazil accompanied by Samin Mallko Ollanta Humala Heredia, the couple’s youngest son, who also received asylum.

Leonardo Massud, a Brazilian lawyer who collaborates with the defense of Heredia and Humala, told CNN that the FAB aircraft made a stop in Cuiabá for replenishment before going to Brasilia.


The defense added that the FAB plane was used because, despite the authorization to leave Peru, “for safety reasons, it would be complicated that she can wear a career plane.”

According to the Ministry of Foreign Affairs of Peru, Heredia entered the Brazilian embassy in Lima shortly after the sentence, seeking diplomatic protection. The magistrate Nayko Coronado Salazar, responsible for the trial, had issued immediate arrest warrants after the court’s decision.

After the Brazilian government communicated to the Peruvian Chancellery that the diplomatic asylum was granted, Peruvian President Dina Boluarte granted the safe conduct on Tuesday night to allow heredia and his son to leave the country.

The Odebrecht Case in Peru

Former President Ollanta Humala and his wife were convicted of accusations of receiving Odebrecht funds, now known as Novoonor, in his successful 2011 election campaign. The court also points out that both received money from the Venezuelan government, which at the time was commanded by Hugo Chavez.


The case is part of a broader scandal involving several Peruvian leaders.

The Peruvian government said it was “in constant communication on this situation” with the Brazilian government.

The former president, a retired military officer who led the Andean nation from 2011 to 2016, will probably serve his sentence at a police base built especially to house Peru’s prisoners.

Former presidents Alejandro Toledo and Pedro Castillo are currently arrested at the scene, while Alberto Fujimori remained there until his release in 2023.

During his trial, which lasted three years after an investigation began in 2016, Humala classified the accusations as political persecution.

This content was originally published in Understand why Peru’s former First Lady received asylum from Brazil on the CNN Brazil website.

Source: CNN Brasil

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