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The appeals, including injunctions, complaints and habeas corpus, were filed between February and February 2016 and Friday Judge Srgio Moro, at first instance, at the Federal Regional Court of the 4th Region (TRF-4), the Superior Court of Justice (STJ) and the Federal Supreme Court (STF).
Sentenced to 12 years and 1 ms of detainee for pbadive bribery and money laundering, Lula was arrested on April 7, 2009. Since then, the PT has served his sentence at the Superintendency of the Federal Police in Curitiba, Lava-Jato base. The off-task of the operation accused Lula of receiving bribes from the OAS contractor in the form of improvements since the Arrest, according to a survey of the newspaper O Estado de São Paulo, lawyers representing the former president have filed 16 lawsuits in the Supreme Court, the STJ and TRF-4.
Most of Lula's requests called for the suspicion of Moro and the prosecutors of Lava-Jato in Paran and the locking of the triplex. Since then, the defense has focused its efforts on petitions for the execution of the sentence in second instance and, after April 7, for the freedom of the former president.
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 a writ of habeas corpus that was rejected by the Supreme Court in April.
beginning of June for the STF to suspend the effects of its sentence to judge in plenary by decision of the Minister Edson Fachin, Lava-Jato rapporteur at the Court – which took the badysis of the Second clbad.
In the wake of the defenses
For the criminal lawyer Gustavo Badar, Professor of Criminal Procedure Law of the University of São Paulo (USP), the Supreme Court of Brazil, many appeals and judicial challenges are generated by the judiciary itself. He cites the example of the execution of the sentence. Since February 2016, the Supreme Court has authorized the arrest of investigators after the closure of the second instance appeals.
"If the Court itself does not fulfill its decisions, what morality will it have to say that the system is chaotic, that the courts do not obey our advice," Badar says.
According to the opinion of the lawyer Modesto Carvalhosa, the data is "a proof that the Brazilian judicial system is absolutely favorable to a broad defense of ru". "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 STF of the & # 39; At the time, Minister Cezar Peluso introduced a proposed constitutional amendment (CEP) to reduce the number of resources at the Supreme Court and STJ. The aim was to make second instance court decisions more agile. The CEP proposed the immediate execution of court decisions, shortly after the second instance decision – the federal courts and regional courts. The proposal also had to put an end to the suspensive effect and the special and extraordinary resources.
Since January 19, 2015, the CEP for Resources, prepared by Senator Ricardo Ferrao (PSDB-ES), is located in the Legislative Secretariat of the Senate.
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