Gilmar refuses the injunction to re-examine the prison in the second instance The Minister of the Federal Supreme Court (STF) Gilmar Mendes yesterday (29) rejected an action of PT and PCdoB against the President of the Court, Minister Carmen Lúcia, for […]



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Brasília 247 –

In deciding to the case, the minister said that the case had already been reviewed by the court, which validated imprisonment in second instance, and that there is no threat serious for a fundamental right.

"As important as is the controversial issue, the STF's presidency has the power to organize the order of cases to be judged," Mendes said.

Yesterday (28), through the intermediary of the lawyers Lênio Streck and Celso Antônio Bandeira de Mello and Fábio Konder Comparato, the PT and the PCdoB requested the suspension of the decisions that determined the prisons after the end of the appeals in the second instance of justice

In the arguments of the parties, faced with the refusal of the Minister Carmen Lúcia to guide the actions that should definitely be debated, an injunction to recognize that the arrest can only take after the end of all possible remedies in the STF is necessary in the face of an "act of omission"

"Thousands of unconstitutional prisons are allowed because of the inertia of the president by not taking decision on ADC's injunction # 54 ", says the petition

. Carmen Lúcia was under pressure from

The defense of convicts in the Lava Jato operation, including former President Luiz Inacio Lula da Silva wants to review the decision of the Supreme Court of Brazil, taken in 2016, authorizing the arrest after rejection of the second instance appeals. Carmen Lúcia has already indicated that she did not intend to include them in the agenda of the plenary.

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