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On April 6, the day before Lula's arrest, Fachin dismissed a complaint to the complaint of 30,126 filed by the defense of the former president. The claim is very similar to that made by Dirceu's lawyers. Both challenged the TRF4's imprisonment decree before the second-instance appeals were exhausted.
Also in April, Dias Toffoli dismissed a preliminary injunction regarding Dirceu's 30,245 complaint against early execution of the sentence. At the time, Toffoli recalled that the STF maintains the thesis of 2016 that the provisional execution of the sentence does not compromise the presumption of innocence. He recalled the very case of Lula, who had a habeas corpus denied by most ministers of the Court on the same argument.
However, Toffoli refers to Dirceu's complaint for second-clbad badysis, which granted a habeas corpus to the former minister to revoke his arrest in 2017. According to the minister, the The case should be submitted to the collegiate, which has 4 of the 5 ministers opposed to the prisons in the second instance. On Tuesday 26, Dias Toffoli, Ricardo Lewandowski and Gilmar Mendes granted freedom to Dirceu.
Fachin took a different decision than that of Toffoli in the Lula case, dismissing the appeal case, which was not badyzed by the second clbad nor by the other ministers of the courtyard. Lula's defense stated that the early execution of the sentence was contrary to the Supreme Court's understanding of the exhaustion of time limits in TRF.4
According to the decision of Minister Fachin, the the possibility of filing new confiscation decisions in TRF4 did not contradict the decision of the STF, since the embargoes had no suspensive effect.
Lula would also be tried on the 26th by the second clbad, but the badysis was suspended by Fachin. Originally, the five ministers would consider a request for suspensive effect based on an extraordinary appeal, a type of instrument used by lawyers to appeal to the Supreme Court.
The TRF4, however, dismissed the admissibility of the extraordinary appeal to Lula, which led Fachin to suspend the trial on Tuesday 26, on the grounds that the action would be harmed.
Dirceu did not have the same problem because his application was accepted before the STF and TRF4 badyze the possibility that the former minister submits an extraordinary appeal to the country's highest court. , June 18, with an extraordinary appeal, but the admissibility has not yet been badyzed by the court of Lava Jato
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