Brazil's federal judge issues injunction blocking Lula's appointment as minister

Image provided by Brazil's Presidency shows Brazilian President Dilma Rousseff (R) looking on while the new Chief of Staff Luiz Inacio Lula da Silva signs a document during the swearing-in ceremony of the new cabinet ministers at Planalto Palace in Brasilia, capital of Brazil, on March 17, 2016. A Brazilian federal judge issued an injunction Thursday to suspend the new appointment of former President Luiz Inacio Lula da Silva as chief of staff in President Dilma Rousseff's cabinet, saying it prevented the free exercise of justice, according to local media. (Xinhua/Brazil's Presidency)

BRASILIA, March 17 -- A Brazilian federal judge issued an injunction Thursday to suspend the new appointment of former President Luiz Inacio Lula da Silva as chief of staff in President Dilma Rousseff's cabinet, saying it prevented the free exercise of justice, according to local media.

The injunction was released by judge Itagiba Cata Preta Neto after Lula was sworn in as the cabinet chief on Thursday morning. However, it must be approved by a higher court before taking effect and can be appealed by the government, meaning that Lula can still exercise his new role in the meantime.

In the injunction, Preta Neto stated that Lula's appointment was stopping "the free exercise of justice." However, photos soon emerged of Preta Neto taking part in anti-government protests, calling into doubt his neutrality and impartiality in this case.

Venezuelan TV station TeleSUR published screenshots allegedly taken from Preta Neto's Facebook account, in which the judge took a selfie of himself at a protest and wrote "Fora Dilma" (Dilma Out).

The government immediately launched an appeal at the Brazilian Supreme Court to have the injunction struck down. The appeal lambasted Preta Neto for carrying out a "grave offense against the foundation of law, of the separation of powers and of the legal process."

The move to suspend Lula's swearing-in came a day after tapes were leaked of a recorded phone conversation between Lula and Rousseff. They seemed to show the president acknowledging the appointment would help Lula avoid prosecution.

This controversial phone bugging ordered by Sergio Moro, the judge in charge of the Petrobas corruption investigation, sparked a wave of protests across Brazil. The government slammed the move as illegal, accused Moro of seeking to further his own political agenda and vowed to take legal action against him.

Lula has been mired in the corruption scheme at oil giant Petrobras, as he faces charges of money laundering and obstruction of justice.

However, the position of chief of staff confers upon Lula immunity from all prosecution, except from the Supreme Court, which is seen as favorable to Lula and Rousseff's ruling Workers' Party.

Opposition parties believe that Lula's appointment Wednesday as cabinet chief was a desperate attempt to prevent Rousseff from being impeached and to implement a package of emergency economic measures in the next 30 days to address Brazil's continuing recession.