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Data from the National Council of Justice (CNJ) show that 169,000 people can benefit from the decision of Minister Marco Aurélio Mello of the Federal Supreme Court (STF) if this decision is upheld.
Earlier Wednesday, Marcus Aurelius ordered the release of all those arrested because they had been sentenced by the second court of justice.
There are currently 706,000 prisoners in Brazil, of which 169,000 (23.9%) are under provisional execution, that is, because they were sentenced for the second instance.
Not everyone can benefit because, by authorizing the releases, Minister Marco Aurélio has reserved dangerous second-instance conviction cases or when it is necessary to maintain detention to ensure order public or surveys.
Marco Aurelio's decision directly concerns, for example, former President Luiz Inacio Lula da Silva, who has been imprisoned since April for having been convicted by the Federal Regional Court of the Fourth Region (TRF-4).
Marco Aurélio stated that, if the STF is still "the Supreme Court", all judges of G1 and GloboNews columnist Valdo Cruz must abide by the decision.
Trial in jail after 2nd instance
The STF includes since 2016 that a person can be arrested after being sentenced by the judge's second instance.
The main argument is that Article 283 of the Code of Criminal Procedure stipulates that prisons may only be held after a final decision, that is to say when 39, there is no more call in progress.
In addition, Article 5 of the Constitution provides that "no one shall be sentenced until the final and final sentence is pbaded."
This article, in accordance with the Constitution itself, can not be amended by an amendment approved by Congress as a "stone clause".
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