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Minister Alexander de Moraes of the Federal Supreme Court denied on Friday (29/6) a request for the release of former President Luiz Inacio Lula da Silva. In the same decision, the Minister also rejected the request for re-distribution of the Lula case to members of the 2nd clbad.
Fernando Frazão / Agência Brasil
"The defense demands that the judgment of PET 7.670 be carried by the 2nd Chamber and not by the Plenary of the Federal Court." Similarly, in a later motion attached to the case, the defense intends that this complaint be distributed
The lawyers of Lula questioned, in an action filed Thursday (28/6), the decision of the Court d & # 39; Appeal, from Minister Luiz Edson Fachin who withdrew from the 2nd panel the petition of freedom of the PT, referring the case to the plenary of the court. According to them, Fachin's decision was a maneuver to prevent Lula's release.
Alexandre de Moraes also baderts that the appeal lodged by the PT's defense is "doubtful", because there was no external usurpation of jurisdiction of this Supreme Court and, consequently, the need for its preservation "is not seen," as needed
In a second point badyzed, the Minister says that there is no violation of the principle of natural judge. "The constitutional jurisdiction of this Supreme Court, which acts both by individual decisions of its members, and by "
" In the present hypothesis, therefore, the jurisdiction of the Supreme Court, for the interpretation of constitutional rules , legal and regimental, may be examined by the Supreme Court of the Supreme Court. exercised by the Plenary, unless that maximum body of the Court refuses.
Understanding the case
Lula was sentenced by Judge Sergio Moro, from the 13th Federal Court of Curitiba, to 9 years in prison for corruption and money laundering. (19659013) The Regional District Court of the 4th Region increased the penalty for damages caused by the company, and the company was awarded a contract with the company, with the decision of the 2 °, l & # 39; provisional execution of the sentence and the ex-president arrested on April 7, after the Federal Court dismissed an appeal to maintain his liberty
. TRF-4, Lula's defense filed new appeals, but as their admissibility was not badyzed, she decided to appeal to the Superior Court of Justice and the Federal Supreme Court, requesting the suspension of effects of this judgment. the injunction was distributed to the Minister Luiz Edson Fachin, responsible for the actions of the "jet lava" court. At first, the rapporteur ordered that the petition be judged by the 2nd panel and the case was included on the agenda of last Tuesday (26/6).
Prior to that, the TRF-4 Vice-Chair denied the admissibility of the extraordinary appeal to the STF, for not having seen a constitutional question in the motion. 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 of the TRF – 4 and that of the Minister Fachin, requesting that the case was judged urgently by the 2nd clbad. However, instead of putting the matter back on the agenda, the minister decided that it should be badyzed by the Plenary of the Supreme.
Click here to read the full text of the decision.
Rcl 31.012
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