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Luiz Inacio Lula da Silva's defense appealed on Wednesday morning before the Federal Supreme Court (STF) against a decision dismissing the former president's request to attend the funeral of his brother Genival Inácio da Silva.
Vavá, as we called him, died this morning (29 years old) at 79 years old. The decision to release Lula in the wake is the responsibility of Foreign Minister Dias Toffoli, responsible for the duty in court.
Lula is imprisoned in the Federal Police Directorate of Curitiba since April 2002.
Former President Luiz Inácio Lula da Silva – Photo: Reproduction
2018. He was sentenced in the first and second instance courts for Guarujá triplex (SP), for pbadive bribery and money laundering.
Tuesday evening, the judge in charge of the execution of the sentence of Lula, Carolina Lebbos, rejected the request of the former president. The magistrate followed demonstrations by the Federal Police and the Public Prosecutor's Office who stated that there was not enough time for the former President's transport logistics to be kept in time for the end of the burial of his brother.
According to the request submitted to the STF, the funeral has been held since Tuesday and the burial will be held at 1 pm this Wednesday (30), in São Bernardo do Campo, São Paulo.
Counsel also appealed TRF-4 and Judge Leandro Paulsen upheld the judge's sentence late in the morning. The defense then went to the STF.
In the application to the Supreme Court, the defense argued that the Criminal Law Enforcement Act provided for the "humanitarian law" of the former president to attend the funeral.
According to the standard, convicts serving a sentence under a closed or semi-open regime and provisional prisoners may obtain leave to leave the prison, provided they are escorted, in case of death or death. serious illness of spouse, partner, ascendant or descendant or brother.
"It is not possible to make the rights of Brazilian citizens a dead letter to consequentialist considerations, rooted in the bureaucratic arguments of the reserve of the possible or the maintenance of public order, especially when such issues can be easily resolved, "said the defense in the case document.
The lawyers of the former president have always claimed that even after his arrest during the military dictatorship in 1980, Lula was allowed to witness the wake of the mother, Eurídice Ferreira Mello and Dona Lindu.
"It should be noted that a political prisoner of that time had the right not to attend the funeral ceremony of his mother, in a similar situation (at least) he must be able to exercise the same right in the case of a brother's funeral, especially since the law expressly guarantees him this guarantee, "said the lawyers.
