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Former Brazilian President Luiz Inacio Lula da Silva could not say goodbye to his brother. After the resounding refusal of the federal police and the regional federal justice and twenty minutes before the start of the funeral, the Supreme Court ruled that the former president could travel to San Pablo to see his family, but not to attend at the ceremony. .
"My dear brother, companion and friend, let the brilliance of your star bring peace to our hearts The nostalgia I already felt is squeezing my chest, go with God, Lula, read the message about the crown that the former president sent yesterday to the funeral. Genival Inácio da Silva, better known as Vavá, Lula's older brother, died the day before yesterday at the age of 79 from lung cancer. Upon hearing the news, the former president's lawyers made an application to the judge requesting leave to temporarily leave the premises, in accordance with Article 120 of the Brazilian Law on Criminal Prosecutions. The legislation states that incarcerated persons have the right to request an outing to attend the funeral of a parent, which must be carried out with a police escort and that the permission must be issued by the director of the 39 where he is imprisoned, that is, it is a daily practice.
The federal police, the criminal prosecution judge and the court of second instance turned a deaf ear to the right of the former president. Late Tuesday, the Regional Superintendent of the Federal Police, Luciano Flores of Lima, refused to authorize the departure and transfer of Lula to San Bernardo do Campo (San Pablo), where the ceremony would take place. Flores de Lima alleged the lack of airlift available to justify his decision, insofar as, he said, the helicopters were used to support the rescue of the victims of the mining tragedy in Brumadinho, in the state of Minas Gerais. In addition, he pleaded his refusal in the absence of available police to ensure the safety of the former president, the police and his entourage. The Superintendent's decision was then ratified early in the morning by Lula's criminal prosecution, Judge Carolina Lebbos. Then it was the turn of the second instance justice. Leandro Paulsen, a judge of Federal Regional Court No. 4, agreed with the federal police and added that the transfer to San Bernardo do Campo would entail considerable costs for the state.
Lula's defense is then brought before the Federal Supreme Court. Twenty minutes before the burial of Vavá in the cemetery, the President of the Supreme Court, Dias Toffoli, granted a habeas corpus to authorize the departure of the former president to see his family, but not to attend the funeral. Faced with the impossibility of attending the ceremony, the leader of the Workers Party gave up traveling and will meet with his family in Curitiba today.
More than 400 lawyers and academics have signed a repudiation note of the court's decision. "The decision harms the right and reinforces the conclusion that the lawsuit against Lula is a politically motivated process," the statement said. The professionals also recalled that, even a prisoner during the military dictatorship, in 1980, the metalworker of the time was allowed to attend the funeral of his mother.
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