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São Paulo – Alexander de Moraes, Minister of the Supreme Court (STF), decided Friday afternoon to deny the request for suspension of the provisional execution of the sentence of former President Luiz Inácio Lula da Silva, and also so that it can be judged by the second clbad, and not by the plenary.
In a petition sent to the STF on Friday, the lawyers requested the preservation of the second-clbad jurisdiction, withdrawn by Minister Edson Fachin, who remanded the application for suspensive effect of the prison sentence for the Plenary trial.
In argumentation, they also challenged the distribution of the appeal against Fachin's decision to Minister Alexander de Moraes, who is of the first clbad.
Fachin's act does not have "legal and regulatory reasons" In a previous petition on Wednesday 27, in addition to seeking an injunction to release Lula, the lawyers attempted to overturn the decision to Fachin to return the appeal to the plenary "without adequate reasons and without amparo in the legal and regimental norms". FTS.
The act of rapporteur of Lava Jato "usurps" the competence of the Second Clbad, composed of Ministers Ricardo Lewandowski (President), Celso de Mello, Gilmar Mendes, Dias Toffoli and Fachin himself, the only non -Grant of this collegiate. As the case was sent to pollen, it is up to the president, Carmen Lúcia, to lead the trial of the 11 ministers.
"The speculations that Fachin's decision was made for reasons unrelated to judicial activity are gaining momentum," the lawyers said.
The defense mentions in its arguments publications of "openly antagonistic" press vehicles in Lula that the decision of Lava Jet's rapporteur in the STF was taken for reasons unrelated to justice. Fachin would have had the "deliberate intention" to refer the case back to the plenary on the possibility that the result of the second panel would be favorable to the former president, "a situation apparently unwanted by the rapporteur" .
"Clbad competence can not be usurped at the personal discretion of the rapporteur, if the decision does not have a reasonably adequate basis, then the monocratic modification of the jurisdiction is arbitrary, random.
According to them, the "surprising monocratic decision" of Fachin "arbitrarily removed the competence of the Second Clbad" to
For the former Minister of Justice, Eugenio Aragao, "it is a a thing for a court to be naturally political at the moment when it makes choices, whether it accepts or not, constitutionality in accordance with the Constitution. "However," that is another thing of To be a partisan, to make a policy of preferences for people, organizations and to publicly show this activism in the media. "
When Moraes learned that the lottery had been chosen, in an interview with Portal CUT, which considers, "in principle", the secure electronic system. " However, with the political positions that he [Alexandre de Moraes] has advanced in the trials, either he will sit in the proceedings or render an unfavorable judgment to the former President Lula," he said. "It's in the face, the problem of STF and its extreme politicization."
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