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The release of the opposition leader and former president Luiz Inacio Lula da Silva and other prisoners for corruption as part of the operation Lava Jato can be defined tomorrow when the Federal Supreme Court, the highest court of Brazil, decides it is constitutional to maintain detention a person who has not been sentenced by all courts.
The trial, which could last more than one session, is extremely complex legal and even political, insofar as it can mean the freedom of 190,000 of the 800,000 people in the prison population. Brazil, including a dozen businessmen and politicians. condemned by the operation Lava Jato against corruption, which allowed many Brazilians to punish for the first time the most powerful.
The press expects that the Court will eliminate, within 6 to 5 minutes, the legal device created in 2016 by the Court itself under the influence of the popularity of the judge of the Court. 39; era. Sergio MoroToday, Jair Bolsonaro's Minister of Justice, this detention was mandatory after a conviction in the second instance, without going through the entire process at all levels. The President of the Federal Supreme Court, Antonio Dias Toffoli, convened tomorrow to discuss the crucial issue, which has been stalled since last year and which raises tensions in the political debate, especially on the part of the bolonarists.
The so-called philosopher Olavo de Carvalho, guru of the Brazilian far right and the Bolsonaro family, said during the trial: "One thing can save Brazil, the indissoluble union between the people, the president and the armed forces." The businessman Allan dos Santos, a friend of the presidential family and creator of the government's ultra-right-wing reference blog called Terça Livre, said the establishment and the people would not allow a "massive loosening" .
The Brazilian Constitution maintains that no one can be arrested – unless it means a social danger or accused of murder or rape – without having been tried by all courts. In 2016, the Court accepted a request for Lava Jato operation to detain the persons found guilty of shooting failure, which remains in force, and allowed the arrest of the leader of the Workers Party (PT) on April 7, 2018. after being convicted of Moro.
Lula, his former chief of staff Jose Dirceu, the former director of Petrobras Duc Renato and 5,000 other detainees, about twenty Lava Jato, can benefit from the court's decision. The case of the former president is one that attracts attention in the political sphere, since his imprisonment removed him from the electoral list beaten by Bolsonaro in October, but all the credibility of Lava Jato has affected as a result of the Moro discussions revealed. and prosecutors conspiring against the PT.
For three months, the site The interception brazil He revealed alongside major media associated with his investigation the secret plot of Lava Jato, including from the Telegram's application chat of the federal prosecutor. Deltan Dallagnol. Lula, sentenced to 8 years and 10 months in jail, can currently leave because he has served one-sixth of the sentence but rejected the benefit, because he hopes to be acquitted by the high courts.
This case is ongoing before the Federal Supreme Court, which has "put to sleep" Lula's habeas corpus seeking to declare partial Moro, has become one of the leading rulers of the so-called new right and is challenging with his boss , Bolsonaro, the intentions of Presidential Vote 2022.
The key of the Federal Supreme Court is the position of Judge Rosa Weber, who last year rejected a habeas corpus 6 to 5 against Lula, a few hours after the army chief, the general Eduardo Villas Boas, threatening on Twitter with a military intervention. Today, Villas Boas is a personal adviser to the government of President Bolsonaro. Its name is inhabited by the bolonarists who had to protest against the FST and demand the political trial of its members in case the Lava Jato operation would be defeated.
Operation Lava Jato specifically received a hard back of the Court last month, after the overturning of two convictions by Moro for procedural error by preventing the defense from having access to the awards granted which were decisive for the determination of the sentence. The entire Lava Jato system is being examined in court, which generates great tension between so-called "Bolsonaristas-Lavajatistas". The official space saw a division of the ruling Liberal Social Party for the open investigation against its leaders, confronted with the president.
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