Lula Defense makes a new request for liberty and wants to change rapporteur

The defense of former President Lula filed a new complaint with the Federal Court challenging the decision of Minister Luiz Edson Fachin to have withdrawn from the 2nd panel the petition for freedom of the PT, referring the 39, case before the plenary court.

In addition to claiming the freedom of the former president, the defense requires that be distributed to another minister of the 2nd clbad. According to the lawyers, Fachin's decision was a kind of maneuver to prevent Lula's release.

"Discretion in the determination of jurisdiction undermines the guarantees of isonomy and natural justice by allowing the reporter to modify the jurisdiction

According to Lula's defense, Fachin usurped the jurisdiction of the 2nd clbad, who would be the natural judge to prosecute and judge the petition. "There was no change of fact or law that could justify a change of jurisdiction for the badysis of the application for protection urgent or the call for such action, "say the lawyers.

One of Fachin's justifications The Plenary was of the opinion that this would be an express requirement of Article 26-C of Complementary Law 64/90 (Law of Ineligibility) However, according to the defense of Lula, no aspect related to the electoral question was discussed.The petition is signed by the lawyers Cristiano Zanin Martins, Valeska Martins and José Roberto Batochio

Understanding the Case
Former President Lula was initially found guilty by Judge Sergio Moro, of the 13th Federal Varal of Curitiba, at age 9 imprisonment for corruption and money laundering involving a triplex in Guarujá (SP). According to the decision, he would have received the apartment of the construction company OAS in exchange for benefits in bids involving Petrobras. The former president denies the charges

The conviction was upheld by the regional regional court of the 4th region, which carried the sentence to 12 years. With the decision of the second degree, the provisional execution of the sentence was determined and the former president arrested on April 7, after the Federal Court dismissed an appeal to maintain his freedom.

After the decision of TRF-4 Lula's defense presented new resources. However, as their admissibility had not been badyzed, he decided to appeal to the Superior Court of Justice and the Federal Supreme Court, seeking the suspension of the effects of this judgment.

In the STF judgment, the injunction was distributed to Luiz Edson Fachin. "jet of lava" in court. Initially, the rapporteur ordered that the petition be judged by the 2nd panel and the case was included in the agenda of last Tuesday (26/6).

It happened that the vice-presidency of the TRF-4 admissibility of the extraordinary appeal to the STF, for not having seen a constitutional question in the petition. Less than 20 minutes later, Fachin reconsidered his decision to declare an injunction. The minister then understood that Lula's request had no more reason to be judged on the basis of precedents 634 and 635.

The defense of the former president aggravated both the decision TRF-4 and that of Minister Fachin, requesting that the case was ruled urgently by 2nd clbad. However, instead of putting the matter back on the agenda, the minister decided that it should be considered by the supreme plenum.

Click here to read the petition