Lula will remain in prison: a judge canceled the order issued this morning

This morning, when no one was expecting it, the owner Rogério Favretto, a judge serving in the Regional Court of Region IV – the same court that ratified the sentence against Lula imposed by Judge Sérgio Moro and ordered him to begin provisionally to comply with the sentence-, accepted a writ of habeas corpus presented by PT Wadih Damous deputies, Paulo Pimenta and Paulo Teixeira and issued a precautionary measure where he ordered that Lula was released immediately, today from prison. However, this order was caught in a judicial war.

The decision surprised the country, but what happened next was even more surprising. Judge Moro, on holiday leave, announced that he would ignore Favretto's decision and would not allow Lula's release, although he does not have the authority to do so. Moro is judge of first instance and Favretto, flayer, that is to say is a step above him in the judicial hierarchy

The public prosecutor, only organ really entitled to contest the decision , has filed an application for reconsideration. to be tried by Favretto himself, but another equal judge, João Pedro Gebran Neto, rapporteur of the original trial against Lula in TRF-4, overturned his colleague's decision, arguing that this had been "induced in mistake " by the defense of the former president

The problem is that Gebran Neto is not on duty this Sunday and, therefore, it would be up to him to decide anything before tomorrow. Technically, what could have happened, is that Lula was released today and Gebran Neto sent him back to jail tomorrow (which would in itself be quite outrageous), but the only thing that would have happened is that Lula was released today. ; intervention by the judge against the decision of his colleague [apropos:entreladécisiondeFavrettoetGebranNetoapbadéplusieursheuresaucoursdelaquelle"l'alvarádel'comfortable"(ordonnancedutribunalquiprévoitlalibérationimmédiated'undétenu)étaitpleinementenvigueuretaétéignoréeparlapolicefédéraleLégalementparlantpendantcettepériodeLulan'apasétéemprisonnémaisenlevé

But the law in Brazil since The coup d'état that overthrew Dilma Rousseff and started the illegitimate government of Michel Temer, the most unpopular president of Brazilian history according to the surveys, is an extremely flexible concept. Especially when it is about Lula

After Judge Gebran Neto's decision to annul the decision of Judge Favretto, the latter issued a new decision in which he left without effect that of the first. Favretto clarified in his new sentence that he had not been misled, responding to his colleague's quibble, ordered that Judge Moro be the subject of an investigation for violation of his previous decision, confirmed his competence as judge and gave him an hour. to the federal police to free Lula.

The term given by the service judge expired and Lula was still in prison without any legal instrument to justify it. This is, again, kidnapped. The information that came from Curitiba was confusing and contradictory: it does the medical examinations and it already stands out, that the Federal Police says that it has not yet been notified, that the notification has arrived only at 17:41, then the deadline expires at 18h. : 41, who is already 19 and still no one is reporting anything. When there was no way to argue that the legal deadline had not expired, the sources in the FP began to say that they would only release Lula if they were ordered. by the president of the TRF-4, Eduardo Thompson Flores Lenz.

It was unusual: now the police decided which judge wanted him to give them orders. Finally, what seemed already predictable happened: the latter judge issued a new order validating posteriori the illegal action of the PF, revoking the order of freedom and transferring the competition off the tour to the debtor who wanted Lula prisoner

Meanwhile, Lula continues to shave in all polling stations and, imprisoned in Curitiba, continues to be the terror of those who came out the window two years ago and, with the imminence of elections that could not be suspended put an end to the appearance of legality that keeps the scheme installed in 2016, look for shortcuts for not having to cross the door.