A judge ordered the immediate release of Lula but the head of Lava Jato's objects – 08/07/2018

Judge Rogerio Favreto of the Porto Alegre Court (TRF4) ordered the immediate release of former President Lula da Silva. But Judge Sergio Moro of Curitiba, whom this case turned into a celebrity, warned that will not comply with the ruling. Determined to arrest Lula, in the Superintendency of the Federal Police of Paraná, Moro's position represents nothing less than a judicial rebellion and will force the Supreme Court to intervene immediately. Favreto is nevertheless advanced. Upon learning of Moro's insurgency, he ordered, through another sentence, that the freedom of the former president today appears for sure.

It happens that Judge Curitibano acts in first instance, whereas the TRF4 is of second instance. It is precisely the court that sentenced Lula for the second time. Rogerio Favreto did what he did to comply with a habeas corpus petition that had been presented Friday by deputies Wadih Damous, Paulo Pimenta and Paulo Texeira, who demanded the immediate release of the drug. 39, former president. In his decision, he agreed that there was no legal basis for keeping Lula locked up. At the moment, the parliamentarians who made the request are in Curitiba. They are before the Federal Superintendency where they try to make it effective and free.

"Comply with the EMERGENCY regime on that date by the presentation of the Order of Liberation or such order to any police authority present in the headquarters of the Superintendency of Prison. the federal police in Curitiba, where the subject is detained, "said Favreto in his car, which can be viewed in full at https://twitter.com/LemusteleSUR/status/1015981334425202693.

The federal court therefore grants the habeas corpus to Lula after having recognized the conviction in the second instance, although it conditions the completion of the sentence to a justification justifying the necessity of entry into prison.

Also, he justifies that the Prison order prevents him from exercising his rights as a candidate for the Presidency and this would generate a lack of isonomy (equality) before the law.

"The unlawful and unconstitutional pre-trial execution of the sentence imposed on former President Lula is not compatible with his political rights," argued the judge, who defends his right to "participate in the electoral debate". 19659002] The Brazilian press reports that Favreto, the judge who ordered the liberation was affiliated to the Lula Workers' Party between 1991 and 2010, when he retired before becoming a judge.

Lula has been sentenced by Federal Judge Sergio Moro and a regional court (second example) to twelve years in prison for the crimes of pbadive bribery and money laundering for accepting a luxury triplex in San Pablo in payment of the builder of the OAS for his political favors.

The former trade union leader has practically exhausted the second instance and has only to go to the highest levels (supreme and constitutional) to annul the sentence. Once signed, the decision will prevent from participating in the presidential elections of 7 and 28 October.

Until then, Lula can try to register and, if he is not allowed, he can go to the Electoral Tribunal to decide. If he obtained the status of candidate, the judicial process would continue. And, if justice finally gives reason to Moro, the votes it has received will be void.

Immediately knew this information, Judge Sergio Moro refused to complete Rogério Favreto's decision . It is precisely Moro who sent Lula da Silva to prison.

According to Moro, Favreto would not have jurisdiction to make this decision monocratically, according to the previous decisions of the Federal Court of the 4th Region and the plenary of the Federal Court.

The judge will consult with the natural reporter of the case, João Pedro Gebran Neto, before sending permission for the release of the former president.