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The Minister of the Federal Supreme Court (STF), Marco Aurélio Mello, granted an injunction to suspend his sentence after being convicted in the second instance. The measure benefits, among other defendants, the former president Luiz Inacio Lula da Silva, arrested since April in Curitiba (PR) after the regional regional court of the 4th region confirmed his conviction in a collegial decision – the PT was sentenced to 12 years and one month in prison.
"I request a preliminary injunction, recognizing the compliance of Article 283 of the Code of Criminal Procedure with the Federal Constitution, in order to determine the suspension of the execution of the sentence of which the decision of the l & # 39; 39; run is not yet final, as well as the release of arrested persons, pending the examination of the appeal, reserving the collection to the genuine affairs of the l 39; Article 312 of the aforementioned law of procedure, "Mello emphasizes
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The Minister's decision comes on the eve of the judicial vacations. Marco Aurélio, even, is qualified to vote in plenary when the theme is settled. The PCdoB filed a declaration of constitutionality after the arrest of former President Lula.
STF President Dias Tóffoli scheduled a new appraisal at the second plenary session on prisons on April 10, 2019. Marco Aurélio states that he published a similar article on April 19, 2018. It was only ruled that by Tóffoli in December, which could harm the authors of the ADC. However, the injunction anticipates the Minister's vote and alters the current understanding of prisons as a result of convictions handed down by collegial bodies.
Marco Aurélio also examines the role of the Supreme Court in the Brazilian state. "The strange times, lived in this suffering republic, where each of them must do their part, with unbelief, purity of the soul, according to the science and consciousness possessed, present the concern for legal security. of the Court – but of the Federal Constitution, which indiscriminately subjects all persons, including the Supreme, to its greatest guard.In times of crisis, it is necessary to respect the principles, the democratic resistance is imposed, the republican the Minister in the decision (F, f, f, f, f, f, f, f), function () n.callMethod?
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