(THIS ARTICLE IS COURTESY OF BRAZIL’S 247 NEWS)
Supreme court renewed expectation that Lula will have sentence overturned, says Zanin
Former President Lula’s lawyer, Cristiano Zanin Martins said the STF showed on Wednesday that it will observe due process and enforces the Constitution by barring the forced transfer of Lula to Sao Paulo; “This renews our expectation that former President Lula will be entitled to a fair, impartial and independent trial,” said Zanin.
247 – Lawyer Cristiano Zanin Martins stated that the ruling by the Supreme Court (STF) , by 10 votes to 1, which suspended the transfer of former President Luiz Inacio Lula da Silva from Curitiba to Sao Paulo signals that the Supreme Court should observe the I owe legal process when judging the suspicion of Sérgio Moro in the judgment against Lula.
“Today, the Federal Supreme Court has shown that it will observe due process and enforce the Constitution and this renews our expectation that former President Lula will be entitled to a fair, impartial and independent trial,” the former lawyer said. president in a statement to reporters after the decision of the Supreme Court.
“We hope that the Second Chamber of the Federal Supreme Court will be able to resume habeas corpus trial soon and, on merits, acknowledge the suspicion of former judge Sergio Moro. As a result, nullify the entire process and restore the full freedom of the former. President Lula, because this is the only possible result for someone who has not committed any offense, “said Cristiano Zanin.
Read below, Reuters report on the STF decision:
Lula stays at PF in Curitiba at least until judgment of appeal by STF, decides Court
BRASILIA (Reuters) – Federal Supreme Court (STF) ministers overturned Wednesday afternoon court decision to transfer former President Luiz Inacio Lula da Silva from the Federal Police Superintendence in Curitiba to a prison facility in São Paulo until the court judges another appeal calling for the petista’s freedom – held since April last year.
The decision of the STF, taken by 10 votes to 1, met the request of the defense of the former president, contrary to the determination of Judge Carolina Moura Lebbos who heeded the request of the PF of Curitiba to transfer Lula to São Paulo.
Following Lebbos’s ruling, São Paulo Judge Paulo Eduardo de Almeida Sorci had ruled that Lula, who is under arrest for the conviction in the case of the Guarujá (SP) triplex, should serve the remainder of his sentence at the Tremembé prison in the interior of São Paulo. .
The impasse over Lula’s transfer had strong repercussions in Brasilia, moving at least two Powers. It involved the Supreme Court, who put the case at the last minute for consideration by the court plenary, and even delayed the completion of the vote on the highlights of the second round of Social Security reform in the House of Representatives.
First, the defense of the petista appealed to Supreme Minister Gilmar Mendes – who has been since the end of last semester with a vote cast on a request for freedom of the former president.
In the middle of the afternoon, Mendes issued an order passing to the Supreme President, Dias Toffoli, the competence to decide who would appreciate the request of the defense of the former president who sought one of three ways: the freedom of Lula until the trial of the suspicion of the. former Lava Jato judge and Justice Minister Sergio Moro; the suspension of the transfer; or at least the determination that the rest of the prison be served in the staff room, not in a regular prison.
Returning from the break of the Supreme Plenary session, Toffoli then announced that the petitioner’s defense request would be reported by Edson Fachin, who is the original rapporteur of Lula’s freedom appeal. The case was then considered by the entire plenary, and Fachin’s vow to keep the former president in detention in the Curitiba Federal District prevailed until the Second Supreme Panel decided to dismiss Moro’s suspicions.
Of the 11 ministers, only Marco Aurélio Mello was against the Supreme Court to analyze the request, claiming that the jurisdiction would be the Federal Regional Court of the 4th Region (TRF-4).
The case involving Lula’s transfer also sparked reactions in Congress, including criticism from lawmakers who opposed the petista such as the PSDB, and in practice paralyzed the completion of the Social Security reform vote.
The biggest complaint was that Lula could not be transferred to a common prison by the prerogative of former president.
Mayor Rodrigo Maia (DEM-RJ), who even agreed with the criticism during the Social Security session, decided to hold back the vote of the highlights so that a group of deputies from various parties could meet with the president of Supreme to ask the court to adjudicate the case as soon as possible.
According to House Majority leader Aguinaldo Ribeiro (PP-PB), news about Lula’s transfer did not contaminate the vote on the Social Security reform in plenary. He admitted, however, that the delay in analyzing the second highlight of the proposal was due to Maia’s commitment to await the return of parliamentarians from the Supreme Court.
According to the first deputy mayor, Deputy Marcos Pereira (PRB-SP), more than 80 parliamentarians from 12 parties were part of the group that met with Toffoli.
“Everyone spoke in the name of democracy,” Pereira later reported.