(THIS ARTICLE IS COURTESY OF THE BRAZILIAN NEWS AGENCY 247)
DEFEATS AT STF SHOW INSTITUTIONAL PATH CLOSED FOR LULA
A leader in polls to the Planalto Palace, Lula is seeking a judicial decision that will remove him from the chain and guarantee political rights to run for the presidency again, but the STF has given clear statements that he wants to bar it; on the one hand, Carmen Lúcia did not set her appeal for the month of August – which means another two months in prison; of another Gilmar Mendes, denied injunction in action that requests the end of the prisons in second instance; that is: the only way out for Lula, who could even win the first round elections, is popular mobilization
JUNE 30, 2018 AT 05:39 // SIGN UP FOR TV 247
247 – Leader in polls to the Planalto Palace, former President Lula seeks a judicial decision that will remove him from the chain and guarantee political rights to run for the presidency again, but the STF has given clear demonstrations that he intends to bar- it. On the one hand, Carmen Lúcia did not schedule her appeal for the month of August – which means another two months in prison. On the other hand, Gilmar Mendes denied injunction in action that calls for the end of prisons in second instance. That is: the only way out for Lula, who could even win the first round elections, is popular mobilization. Below, a report by Ricardo Brito from Reuters:
BRASÍLIA (Reuters) Former President Luiz Inacio Lula da Silva’s defense team collected a series of defeats at the end of the Federal Supreme Court (STF) in an effort to try to free the PT from his prison since April, but case involving it is far from having a judicial outcome.
Leader in the polls to the Planalto Palace, Lula seeks a judicial decision that will remove him from the chain and guarantee political rights to run for the presidency again. But he is seriously at risk of being detained and still being prevented from competing on the basis of the Clean Sheet Act.
So far, there have been three main procedural fronts opened by former President’s lawyers and also by parties sympathetic to him to try to reverse the conviction or at least the effects of the punishment for corruption and money laundering in the Guarujá Trial process ( SP).
The first setback of the former president’s supporters came last week when STF Minister Edson Fachin decided to refer the trial of a former president’s request for freedom to the Supreme Court’s judgment – rather than to the 2nd Court of the Supreme Court .
Lula’s lawyers again challenged his decision and unsuccessfully tried to get the case heard by the 2nd Class on Tuesday. For the second time, Fachin rejected.
His supporters considered that in a trial by this minor collegiate – made up of five of the 11 ministers – there would be chances of the PT’s victory. On Tuesday, the Turma – with the votes of Ministers Gilmar Mendes, Ricardo Lewandowski and Dias Toffoli and against the position of Fachin – revoked the imprisonment of the ex-minister Jose Dirceu and imposed other defeats against investigations of the operation Lava Jato.
A source with access to cabinet ministers told Reuters Lula, if he was tried by the 2nd Class, would have a good chance of getting a release from prison. In the plenary, he said, the chances of overthrowing the former president’s detention are lower.
After this second rejection by Fachin of bringing the appeal to the Class, the defense of the former president filed a new action to challenge that decision of the minister, the so-called complaint. In this action, the defenders also wanted to prevent the provisional execution of the PT’s penalty.
This complaint was distributed to Minister Alexandre de Moraes, who is from the 1st Class. Lawyers complained again, saying that it could only be enjoyed by one of the four ministers of the 2nd Class – excluding Fachin – who had twice rejected this defense request.
In a decision taken late Friday afternoon, Moraes dismissed all claims of the former president’s defense and agreed to Fachin’s position in the case. According to him, the minister did not hurt the due process or the principle of the natural judge.
“In view of the foregoing, based on article 21, paragraph 1, of the Internal Rules of the Federal Supreme Court, I deny the request for a new distribution only among the Ministers of the 2nd Class, excluding the requested authority, since the distribution was regularly pursuant to article 67, § 8, of the RISTF, and I dismiss this claim as unfounded, “Moraes said.
The judgment by the plenary of the action reported by Fachin has no date to occur, since the president of the STF, Carmen Lúcia, did not include it in the agenda until September – the last month of the president’s management. There are no signs that the next president of the court, Dias Toffoli, is already guiding the case.
Fachin, incidentally, still gave the ex-president’s defense five days to clarify whether he wants to discuss his ineligibility in this case that was referred to the plenary.
On another front and parallel to this discussion, this week PT and PCdoB filed suits for Cármen Lúcia’s alleged omission not to include in the agenda of the plenary actions that questioned the early execution of the sentence after the appeal in the second instance.
The two parties, supporters of Lula, complain that actions on the matter are ready and should have been appreciated. There are lawsuits that have been discussed in plenary since December 2017, but the STF president has already warned that he sees no reason to appreciate them now – the court’s understanding that allows the provisional execution of the sentence was signed in 2016.
Lula’s defense tries to get a higher court decision to get him out of jail and run for Planalto.
The PT claims innocence over the crimes he has been charged in the case of the triplet and claims to be the target of a political persecution aimed at stopping him from running for the October election.