Can STF determine that Lula is ineligible prior to the registration of a candidate for the ISE? – New
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The debate over whether former President Luiz Inacio Lula da Silva (PT) may or may not stand for election even if he has been sentenced in the second instance may arrive earlier than expected. And the cause would be in noises in communication between the defense of the former president and the Minister of the Supreme Federal Court (STF) Edson Fachin .
Despite the conviction, Lula – like any other citizen chosen by a party – has the right to register his candidacy for the Supreme Electoral Tribunal (TSE) until August 15. It is only after this stage that the situation of the former president, leader in the polls of Plbadto will be badyzed, with a response in mid-September. Lula's defense, made on June 5, to suspend the effects of the conviction in the triplet trial could lead to Lula's eligibility to the plenary of the STF.
Reference
The controversy began when, in the same document, the lawyers mentioned the fact that Lula was a candidate for Plbadto. "In addition to unduly restricted freedom, [Lula] runs the serious risk of unduly restricted political rights, which, given the ongoing electoral process, is extremely serious and irreversible."
For the defense, "an unjustified restriction of liberty prevented them from attending political events specific to the pre-election period" as was said last week abroad . The lawyers believe that Lula's freedom would involve "no prejudice to the smooth running of the process or to society".
Lula's application, which will be badessed by the STF's 2nd Panel, was removed from the agenda by Minister Edson Fachin, the Case Rapporteur, when TRF-4 accepted that the appeal against the conviction in the triplet trial was badyzed by the STJ (Superior Court of Justice) .
The defense insisted on the petition and Fachin, then, decided to refer it to the plenary of the STF because there would be an badysis of a question related to the Constitution: ineligibility. The defense, however, argued to Fachin that this specific issue was not brought but only cited in the application.
Minister granted Lula defenders five days to speak in order to
But the Supreme Court could badyze Lula's "eligibility" before the TSE?
Could the Supreme Court badyze the situation? "Eligibility" of Lula in front of the TSE? For the teacher of the IDP (Institute of Public Law) Karina Kufa, the STF could, after the provocation of the defense of Lula, badyze the situation of the law of ineligibility in a broad way. "There would be no evaluation of the concrete case regarding Lula's candidacy for the 2018 elections, since the constitutionality of the law would be badyzed."
In an overseas event this week, Lula's defense pointed out that considers the PT-sanctioned Clean Tab Act in 2010 and may withdraw it from the election now, unconstitutional. In a CDA badysis, the Supreme Court had already considered constitutional law, but new ministers had joined the Court since then, which could change the understanding.
Even if this debate does not occur, Clean has an "escape", as Professor Daniel Falcão, USP (University of São Paulo) reminds us. The legislation contains an article that mentions that a collegial body may, in a preliminary way, "suspend ineligibility whenever there is plausibility of the appeal and provided that the provision has was expressly required.
The possibilities of what can happen To be the discussion in the STF show a "slightly swampy terrain," emphasizes the law professor of the UFMG (Federal University of Minas Gerais) Rodolfo Viana. He recalls that the article is a device that can be used by the defense to try to ensure the presence of Lula in the election. "On appeal, he may request that the court also suspend the ineligibility."
This can happen in the STJ. "This is a trigger that the law has created," he points out, but provided that in any case, the issue is badyzed by the Electoral Tribunal from the register.
Barred Campaign?
Even if she fell into the proper register, Lula could be called a candidate while the TSE does not judge her record. However, a definition of the STF in the case of Lula before the recording period could even, in theory, prevent the PT from broadcasting its campaign on radio and television – the time of the elections begins on 31 August, two weeks after the recording
And this scenario tends to generate doubts, according to Professor Diogo Rais, of FGV (Getulio Vargas Foundation). "The TSE could use the Supreme's decision to prevent processing" of the case, denying it immediately. "When you move a part of the system, it promotes a rebound and creates confusion," he said.
Lula's defense has not yet been brought to the attention of Fachin to find out if Lula's ineligibility is being badyzed by the Supreme Court. In the meantime, there is only one certainty that there will be a legal battle over Lula's candidacy .
Cármen indicates that Lula's call will be plenary
