Lula's defense has 78 resources in the case of the triplex

The defense of former President Luiz Inácio Lula Silva has so far filed 78 judicial investigations in the context of the trial of Guarujá (SP), which led the PT to conviction and to the 39 arrest of Operation Lava Jato. Appeals, including mandamus warrants, complaints and habeas corpus, were presented between February 2016 and last Friday to Federal Judge Sérgio Moro, in first instance, at the 4th Regional Federal District Court (TRF- 4), Sentenced to 12 years and 1 month imprisonment for pbadive bribery and money laundering, Lula was arrested on April 7 this year. Since then, the PT has served at the Superintendence of the Federal Police in Curitiba, Lava Jato base. The working group of the operation accused Lula of receiving bribes from the OAS contractor in the form of improvements to the triplex

since the arrest, according to the O Estado de S. Paulo newspaper, the lawyers representing the former president introduced

Until January this year, most of Lula's petitions demanded the suspicion of Moro and prosecutors of Lava Jato , in Paraná, and the lock triplex action. Since then, the defense has focused its efforts on appeals for the non-execution of the second instance and, after April 7, on the freedom of the former president. The vast majority of appeals were rejected or not recognized by magistrates.

Last week, Lula's lawyers launched an offensive against the Supreme Court to try to get Lula out of jail. The defense filed two petitions for the release of the former president: a complaint, dismissed by Minister Alexander de Moraes on Friday, and an appeal in habeas corpus that had already been rejected by the Supreme Court in April.

June, for the STF to suspend the effects of his conviction, will still be tried in plenary on the decision of the Minister Edson Fachin, rapporteur of the Court of Lava Jato – who took the badysis of the second clbad .

In stride

For the criminal Gustavo Badaró, professor of criminal law of the State of São Paulo, the Supreme Court was criticized for alleged maneuvers for and against the demands of the defense of the former president. USP, many judicial appeals and challenges are generated by the judiciary itself. He cites the example of the provisional execution of the sentence. Since February 2016, the Supreme Court admits that the people under investigation are arrested after the appeal is stopped in the second instance.

"If the court itself does not comply with its decisions, how moral will it be to say that the system is chaotic, that the courts do not obey our advice," Badaro said.

In the opinion of the jurist Modesto Carvalhosa, the data is "a proof that the Brazilian judicial system is absolutely favorable to the ample defense of the defendant". "This is a complete proof of the effectiveness of the judiciary, which makes a decision based on the absolute manifestation of the interested party.It is positive."

In 2011, the president of the then STF, Minister Cezar Peluso, presented a draft Constitution Amendment (CEP) aimed at reducing the number of resources allocated to the Supreme and the STJ. The aim was to give more speed to second instance court decisions. The CEP proposed the immediate execution of court decisions, shortly after the second instance – the Federal Courts and Regional Courts. The proposal also aimed to put an end to the suspensive effect and the special and extraordinary resources

Since January 19, 2015, the resources CEP, drafted by Senator Ricardo Ferraço (PSDB-ES), is located in the Secretariat Legislative Assembly.