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The STF (Federal Supreme Court) Minister, Ricardo Lewandowski, again pronounced on Monday (3) in favor of Folha's application to interview the Former President Luiz Inacio Lula da Silva in prison
] He sent the president of the court, Dias Toffoli, a petition of the newspaper so that the interview could be immediately authorized.
In September, in a complaint to the STF, Folha asked permission from editorialist Monica Bergamo to interview the former president imprisoned in Curitiba.
the decisions of the Paraná courts which prohibited the interview contradicted the Supreme Court's earlier conception of freedom of expression and exercise of journalism.
On September 28, Lewandowski authorized the interview, citing several authors.
On the same day, the Partido Novo, opponent of the PT, filed a motion to suspend the suspension of an injunction at the Supreme Court in order to prohibit the interview.
The application was recorded for badysis by the Chair. court, but was tried by the vice president, Luiz Fux.
Later, Lewandowski contradicted Fux's position and reaffirmed his original decision that had authorized the interview.
Amidst the litigation concerning the decisions, President Toffoli decided to endorse Fux's decision, banning the interview and imposing censorship if it had already been.
In a brief order, Toffoli stated that such a prohibition would remain in effect until the next plenary deliberation on the subject –
Lewandowski has now certified the final (final) settlement of the complaint made by Folha the Office of the Prosecutor did not appeal. General of the Republic against his initial decision.
"With the final and conclusive decision, the decision that the merits of the claim for recourse became final,"
Lewandowski also pointed out that the decision of Fux (referred by Toffoli) alleged that the claim for damages was final. interview of Lula in the middle of the process
"The grounds invoked for the recognition of" fumus boni iuris "and" periculum in mora "[requisitos técnicos para uma decisão liminar] were emptied after the holding of the election / 2018, by which the Brazilian people already knows the future President of the Republic.Therefore, there is more presumed risk of interference in the lawsuit, so that the constitutional order and the democratic regime that preserve the freedom of expression and the press must be reinstated without further delay. "
referred the case to Toffoli," so that, in the face of the final decision and without appeal of the decision to base the application, order the injunction "Fux injunction, determining the immediate execution of the decision that authorized the interview of the former president
There is still no demonstration of the president of the tribunal on the case.
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