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Vice President of the Superior Court of Justice, Minister Humberto Martins, on Thursday rejected an application by former President Lula to grant interviews inside the prison, to Curitiba, from where he is from. April
The application was made in Habeas Corpus filed by the lawyer Ricardo Luiz Ferreira against the decision of the Federal Court of the 4th Region, which in the opinion of the complainant, did not badyze the acts of the judge of the 12th Criminal Court of Curitiba, who rejected the requests for interviews and sabatinas addressed to the former president [19659004] Humberto Martins The contested act consists of a monocratic decision against which no regimental grievance was filed in TRF-4.
In addition, the Minister says, no specific request has been made in favor of Lula, since the author has limited himself to include, in a manner that the l '. Habeas Corpus be granted for the coat of arms "to refrain from pursuing anyone who fights for the freedom of others".
"This situation precludes the badysis of the petition concerning the other defendants.It happens, however, that such a degree of generality is inconsistent with the need for individualization of the claim and the definition. the limits of writ "said the minister.
In the decision, the Minister also recalled the position of the defense legally constituted by the former president in the sense that there is no interest in the continuity of proceedings filed by third party in favor of Lula.
"In the present case, although the constitutional possibility of any improper habeas corpus is undeniable, it must be recognized that, in the case of a patient who relies on a constituted and active defense, the character eminently favorable from the extension of legitimacy to the heroic cure must be recognized, since it should be the defense of the decision on the desirability and convenience., as well as the content of the defensive performance, explains Martins. 19659007] Freedom of the Press [19659011] In the application, the lawyer Ricardo Luiz Ferreira justifies that, although he has no power of attorney in the records to defend the former president, he is threatened with an act of coercion and that imprisonment would be justified by the defense of the freedom of the press [19659008] The lawyer argued that it was not the case. does not belong to the criminal execution judge to judge which interview is inuti on, under penalty of diminishing the previous censorship. "The right to give interviews is beyond their ability to be at least the country's biggest electoral cable," he said. According to information from the STJ Press Office
Click here to read the decision.
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