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Lula is incarcerated since April 7, having been sentenced in second instance at 12 years and one month in prison for crimes of corruption and money laundering, in the case of sorting plex in the Guaruj.Verify below the means by which the defense attempts to release the former president
ecuo da pena
In the first front, opened on June 5 by a court, l & # 39; team of eight lawyers asked the STF to guarantee the right of the ex-president to appeal to the higher courts against a sentence of 12 years and one ms of prison in the case of the triplex in Guaruj (SP) .
Petio's reporter, Minister Edson Fachin, sent the petition to be judged by the second panel of the STF this week, but then quashed the lawsuit because of a decision of the Federal Regional Court of the 4th Regio (TRF4), which did not allow appeals to higher courts, thereby prejudicing the defense's request for suspensive effect.
The lawyers then appealed the annulment by a regimental aggravation. Fachin, however, sent the appeal to be tried by the plenary and in the second clbad, as the defense wanted. He also gave 15 days to the Attorney General's office to express his point of view on the case.
Ineligibility of Lula
Among the justifications of Fachin to refer the case to the plenary,
The defense of the former president came under embargo on the justification of the Minister, asking him to lift the question of the ineligibility of the staff, keeping only the request for freedom. In a decision rendered this Friday (29), Fachin argued that it was the lawyers themselves who raised the point in the original case, and gave five days to respond if they really wanted it or in their discussion
. raised in the declaration embargo, that the original petition, with the application for freedom, be tried in its entirety, said Minister Crmen Lcia Friday. In practice, if Lula is deemed ineligible by the full STF, before the Supreme Electoral Tribunal (TSE) considers the case, there is no one to appeal the decision.
Complaint
On a second front, Lula's lawyers filed another legal notice in the STF yesterday, in parallel, called constitutional complaint, also against Fachin's decision to send to the company. Plenary badembly the first petition with the request for freedom.
In the complaint, the defense submits that Fachin acted "arbitrarily" without support in the internal regulations of the Supreme Court, and that the appropriate judgment to try the court would be the second clbad, not the plenary. In the present case, however, the lawyers have applied for a preliminary injunction to release Lula at least until the request for initial liberty is upheld by the Supreme Court.
The strategy in this case was for another minister Freedom of Lula, because the complaint is directed at the decision of Fachin himself, the process had to be distributed to one of his peers.
Embargo of declaro
The third front of Lula's defense took place thanks to the interposition of deposed embargos, filed this Friday (29). ), against a decision of 4 April of the plenum of the STF, which by 6 to 5 refused a habeas corpus preventive to prevent the arrest of Lula. He was arrested three days later
Lula was arrested on the basis of the current understanding of the Supreme Court that allows the execution of the sentence after conviction in the second instance.
In the embargos, lawyers argue that it was not clear. if the arrest should have occurred automatically after the end of the case in the second instance, as this has occurred. Faced with what he says is an omission, the defense asks Lula to be released. There is no time limit for this appeal to be judged.
With Agncia Brasil
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