Toffoli overturns decision to convict convicts at lower court | Politics

• Read the full text of the Toffoli decision

Earlier Wednesday, Marcus Aurelius ordered all those arrested who had been found guilty of having been sentenced by the Second Court of Justice.

In response, Attorney General Raquel Dodge appealed the decision to the Supreme Court and Toffoli, on duty, overturned Marc Aurèle's decision.

By decision of Toffoli, the decision of Marco Aurélio is suspended until April 10 of next year, when the STF will judge the case definitively ( to read below). below ).

Data from the National Council of Justice (NYC) show that Marco Aurelio's decision would have benefited 169,000 people, including former president Luiz Inacio Lula da Silva.

Arrested since April, Lula was sentenced by the Federal Regional Court of the Fourth Region (TRF-4), responsible for Lava Jato in the second instance.

The decision was taken in the context of a "preliminary injunction", type of action always badyzed by the President of the Court , regardless of the suspension of sitting of the judiciary.

In the eight-page document, the president of the Supreme claims that the decision of Marco Aurélio jeopardizes public order.

"It is therefore understood that the admissibility of the warrant presupposes, among other legal aspects, the demonstration that the impugned act could seriously undermine order, health, safety and security. Public economy, "he wrote. Toffoli.

"In view of the relevance of the subject and the potential threat to public order and security resulting from the impugned decision, it is for the immediate evaluation of the trial held by the Attorney General of the Republic, "he said. For the minister, Marco Aurelio's decision is still in contradiction with the "sovereign decision" of the plenary.

"And it is for these reasons, that is to say, jealous of the possibility that this new preliminary injunction may contradict a sovereign decision already taken by the majority of the judges of the Plenary Court, that the Presidency exercises the general power of prudence attributed to the judge. "

Toffoli also recalled that the trial of the case was already scheduled for April 10 of next year.

After the decision, President-elect Jair Bolsonaro congratulated Toffoli for overturning Marco Aurelio's decision ( see picture below ):

Congratulations to the President of the Federal Supreme Court for canceling the injunction that can benefit tens of thousands of prisoners in the second instance in Brazil and jeopardize the well-being of our society, which is already suffering daily from the chaos of widespread violence!

– December 19, 2018

Earlier this week, Toffoli announced to the press that the actions in custody after second instance would be tried on April 10 of next year.

Since 2016, the Supreme Court understands that a person can be arrested after being sentenced a second time, but the lawsuits are intended to change that interpretation.

Next year, the STF will badyze three actions presented by the parties PCdoB and Patriot, as well as by the Brazilian Bar Association (OAB).

The main argument is that Article 283 of the Code of Criminal Procedure states that prisons may only be opened after a final decision, that is to say when there is There is no more recourse.

In addition, article 5 of the Constitution provides that "no one shall be sentenced until the final sentence of conviction has been pronounced".

This article, in accordance with the Constitution itself, can not be amended by an amendment approved by the Congress as a "restrictive clause".