Toffoli Dias marks his judgment on 10 April for the actions in detention before a lower court

Report by Reynaldo Turollo Jr. to Folha de S. Paulo announces that the President of the Federal Supreme Court (STF), Minister Dias Toffoli, is scheduled for April 10, 2019. The trial of the actions that will be held the subject of a definitive discussion the possibility of arresting convicts in the second instance. The review of both ADCs (declaratory actions of constitutionality) by the Supreme Court could possibly alter the current understanding of the provisional enforcement of the sentence, before all remedies have been exhausted before the higher courts.

According to the publication, according to the agreement The decision could benefit convicts like the former president Luiz Inacio Lula da Silva, arrested in Curitiba after being sentenced to the second degree in the case of the trio of Guarujá (SP). Lula has been incarcerated since April 7 this year. The Supreme will have to deal with the problem again when the prison finishes a year. Minister Toffoli's thesis is that the execution of the sentence should be possible after a decision of the STJ (Superior Court of Justice), which acts as the third court of justice. If this thesis is to prevail, for Lula to benefit, it will be necessary for the STJ to reconsider a decision of the Minister Felix Fischer, who denied the maintenance of his appeal in court.

The PT defender has already appealed Fischer's (individual) monocratic decision. Java in STJ, which rejected the special appeal addressed to the court. The aggravation of the defense must be badyzed by the fifth panel of the STJ. The actions that deal with the arrest in the second instance, under report of the Minister Marco Aurélio, are ongoing in the supreme proceedings since 2016. The rapporteur has published them for badysis of the plenary of December 2017. There was a movement on the part of ministers and lawyers so that were tried in the first half of this year, before the arrest of the former President Lula in April, but the then Minister, Minister Carmen Lúcia refused to mark the trial, Folha