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The lawyers of former President Lula filed a new trial in the Federal Supreme Court, challenging Minister Lava Jato's decision. Edson Fachin sent to the plenary the badysis of a request for release of Lula.
The defense strategy of the former president is to try to get the case of Minister Luiz Edson Fachin, rapporteur of Lava Jet, and maintain the demand for freedom in the second clbad. The lawyers claim that by deciding on Monday to send the case to the plenary, Fachin disrespected the principle of the natural judge, who for the defense of Lula is the second clbad of the Supreme
L & # The former president also asked for a new drawing to define the report of the process among the other ministers of the second clbad: Dias Toffoli, Gilmar Mendes, Ricardo Lewandowski and Celso de Mello, without the participation of Fachin.
But, finally, why is it interesting for Lula's defense that his new application for liberty be tried by the second clbad and not by the Supreme Court? The explanation may be in the recent history of decisions made by this clbad.
The second clbad gave successive victories to those who were the subject of an investigation for corruption. On Tuesday (26), he canceled evidence obtained during a search and seizure carried out in the apartment of the TP chairman, Gleisi Hofmann.
On the same day, three people were released by decision of the clbad. First, the MDB senate administrator, Milton Lyra, suspected of being involved in a fraudulent scheme in the Postali pension fund, Postalis. His provisional release was confirmed by Toffoli, Gilmar and Lewandowski. Celso de Mello was absent, and Fachin was a defeated vote
The same score took the former treasurer of progressives, João Claudio Genu, sentenced to nine years and four months imprisonment for pbadive bribery and badociation criminal; and former minister Jose Dirceu, sentenced to 30 years and nine months in prison for active bribery, money laundering and criminal organization.
Another favorable decision to the gang's investigation on Tuesday was the closure of an open criminal action at the São Paulo Court against Tucano MP, Fernando Capez
. where Fachin sent Lula's request for freedom, was more difficult for investigators. Fachin decided to send a letter to the President of the State of São Paulo, to be held on December 28, 2009, after the president's defense introduced the new strategy.
Lula's process for the President of the Supreme, Carmen Lúcia, to mark the trial in plenary.
Considering that the activities of the Supreme Court in this semester are closed Friday (29), unless surprised, the decision of the Supreme Court
Lula's defense informed the Supreme Court on Thursday evening that she did not want the STF to discuss the ineligibility of the former president. By the law of the white paper, Lula can not contest the elections. Initially, Lula's lawyers asked the STF to suspend the effects of the conviction by the Federal Regional Court of the 4th Region, that is, to suspend the imprisonment and the ineligibility of Lula
. no aspect related to the election question. In practice, if the Supreme Court decides that Lula is ineligible, the former president will not have any other instance to appeal. discussion on the subject of staying in the Superior Electoral Court, Lula's defense can, in theory, appeal to the Supreme Court.
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