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247 – Leader in the polls for the Plbadto Palace, former President Lula seeks a judicial decision that will remove him from the chain and guarantee the political rights to run for president, but the STF has given clear demonstrations that you want to ban it. On the one hand, Carmen Lúcia has not scheduled her call for the month of August, which still means two months in jail. On the other hand, Gilmar Mendes refused the injunction in an action that calls for the end of the second instance prisons. That is to say that the only way out for Lula, who could even win the first round elections, is popular mobilization. Below, report by Ricardo Brito, Reuters:
BRASILIA (Reuters) – The defense of former President Luiz Inacio Lula da Silva has garnered a series of defeats at the end of the semester of the Court Federal Supreme (STF) in the quest to try to release the PT from the prison where
Lula asks for a court order that will remove him from the chain and grant him the political right to run again for the presidency.
To date, the former president's lawyers have opened three main procedural fronts, as well as parties that are favorable to him in an attempt to turn the tide.
The first setback of former president supporters occurred last week when US Minister Edson Fachin was arrested for bribery and money laundering. money in the Guarujá (SP) trial.
Lula's lawyers again challenged his decision and tried unsuccessfully to bring the case to the attention of the Supreme Court. the case was evaluated by the 2nd Panel on Tuesday. For the second time, Fachin rejected.
Its supporters have estimated that in a trial conducted by this minor collegiate – composed of five of the 11 ministers – there would be chances of victory for the PT. On Tuesday, the Turma – with the votes of ministers Gilmar Mendes, Ricardo Lewandowski and Dias Toffoli and against Fachin's position – revoked the imprisonment of former minister Jose Dirceu and imposed other defeats against the investigations of the operation Lava Jato
A source with access to ministers told Reuters Lula, if he was tried by the 2nd clbad, would have a good chance of getting a release from jail.
Following this second rejection by Fachin of bringing the appeal to the court, the defense of the former president filed a new action to challenge this decision. from the minister, the so-called complaint. In this action, the defenders also wanted to prevent the provisional execution of the PT's sentence.
This complaint was handed over to Minister Alexandre de Moraes, who belongs to the 1st clbad. The lawyers complained again, saying that this could only be appreciated by one of the four ministers of the 2nd clbad – to the exclusion of Fachin – who twice rejected this request for defense [19659011]. the claims of the former president's defense and accepted Fachin's position in the case.
"In view of the foregoing, on the basis of Article 21, paragraph 1, of the Rules of Procedure of the Federal Tribunal, I reject the request for a new distribution only among the Ministers of the 2nd clbad, excluding the claimed authority, since the distribution was regularly carried out, in accordance with Article 67, § 8, of the RISTF, and I reject this claim as unfounded, "Moraes ruled.
WITHOUT DATE
The plenary judgment of the action reported by Fachin has no date to occur, since the president of the STF, Carmen Lúcia, does not have it. not listed on the agenda of September – last month of management President
Fachin, incidentally, again gave 5 days to the defense of the ex-president to clarify his s & d. He wants to discuss his ineligibility in this case that was referred to the case. On another front and in parallel with this discussion, PT and PCdoB filed suit this week for the alleged omission of Carmen Lúcia not to include in the plenary agenda actions that call into question the early execution of the sentence after the end of the appeal.
The two parties, supporters of Lula, complain that the actions in this area are ready and should have been appreciated. There are cases that discuss the case ready to be badyzed in plenary since December 2017, but the president of the STF has already warned that he sees no reason to appreciate now – the understanding of the court, which allows the provisional execution of the sentence was signed in 2016. 19659004] The defense of Lula is trying to obtain a decision of the superior courts to get out of jail and run for the Plateau.
The PT claims innocence over the crimes attributed to it in the case of the triplet and claims to be the target of a political persecution aimed at preventing it from contesting the election of # 39; October.
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