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A Brazilian judge made a sensation on Sunday by ordering the release of former president Lula, before being contradicted by another judge of the same court of appeal, but he insists that Lula be released from prison at most
In a few hours, this judicial mess has created confusion in Brazil, three months of one of the most uncertain presidential elections in its history.
While supporters of Lula were already starting to celebrate his release imminent three months after being imprisoned for corruption, Judge Joao Pedro Gebran Neto decided to keep him in prison.
He annulled the decision of a magistrate of the same court of appeal, the TRF4 of Porto Alegre, Rogerio Favreto
But in a new rebound, he reaffirmed that he was maintaining his decision.
"I reaffirm the content of the decisions taken previously, decreeing the immediate implementation of the liberation measure within a maximum of one hour, "writes Judge Favreto.
Of permanence this weekend at TRF4, he had decided to the surprise of accepting a Habeas Corpus application presented Friday by several deputies of the Workers Party (PT), founded by Lula in 1980.
He had even demanded that this release take place on Sunday, "according to the emergency regime."
After an outcry of several judicial bodies, Judge Gebran Neto was categorical, deciding that the federal police should refrain "from practicing any act that modifies the collegiate decision" to imprison Lula, sentenced to 12 years and one month's imprisonment for corruption, taken by the same TRF4 in January
Even if he had been released, the former president (2003-2010), in the lead of voting intentions for the October poll, would probably be unsuccessful by the court election, by virtue of a law which forbids any candidate already condemned on appeal from standing in.
Arm wrestling
Sunday's release order has had the effect of a bomb in Brazil. The anti-corruption judge Sergio Moro, who sentenced Lula in first instance in July 2017, had stated in an official document in the wake that Judge Favreto did not have the jurisdiction to make this decision.
Judicial wrestling s 'is pursued with an official request from the Federal Prosecution to backtrack, taking up the argument of Sergio Moro by stating that the duty judge does not have the competence to consider a request from Habeas Corpus.
The media brazilians recalled Sunday that former lawyer Favreto had been a member of the PT from 1991 to 2010, when he joined the judiciary.
The PT issued a call for mobilization in a statement "Freedom of Lula is the freedom of Brazil."
The party rebelled against the cancellation of the liberation order in this communique, saying it is "inconvevable" that the decision of a TRF4 judge is not not respected
"Constitutional guarantees and the rule of law have been broken! All in Curitiba, all in the street, "Gleisi Hoffmann, president of this political group, claimed on Twitter.
Recourse in series
Accused of having received an apartment by the sea for favoring a building company to obtain public contracts, Lula fiercely denies and is the victim of a conspiracy to prevent him from seeking a third term.
Leading figure in the fight against corruption in Brazil, Sergio Moro has experienced several setbacks in recent weeks, with the release on June 26 of Jose Dirceu, former strongman of the Lula government, and the recent acquittal of Gleisi Hoffmann, also accused of corruption.
The defense of Lula had multiplied recourse to the Supreme Court to demand his release without success.
His lawyers believe that the icon of the left must remain free until all appeals are exhausted, but the Supreme Court had to cided in April to apply a law according to which any person convicted of second instance was to be imprisoned.
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