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Former President Luiz Inacio Lula da Silva decided not to leave Curitiba prison on Wednesday (30) to find relatives in a military unit after the death of one of his brothers. Genval Inacio da Silva, known as Vavá, died of a cancer Tuesday morning (29 years), at the age of 79 years.
"In fact, the decision was absolutely harmless.The decision was made while the body was lowering the grave, the burial was already taking place, so that in this Meaning, the decision does not really need to be executed, "said the lawyer. scored by Lula Manoel Caetano Ferreira.
He granted an interview this afternoon before the Superintendent of the Federal Police (FP), where Lula has been incarcerated since April 7, 2018. According to the lawyer, the former president does not want to see him. had not agreed to meet the family in the place indicated in the decision.
"It would be a shame, it would be disrespectful to the family to meet him at such a time in a barracks," said the lawyer. Thursday, day of visits. According to the lawyer, Vavá was a brother with whom Lula had strong emotional ties.
"He felt a great deal the death of his brother and felt even more unable to say goodbye to his brother and meet his family at this time of great sadness," Ferreira said.
The departure of the former president was authorized early in the afternoon by the President of the Federal Supreme Court (STF), Dias Toffoli, stationed at the judicial break. Vavá's body was buried at 1 pm in São Bernardo do Campo (SP).
Lula had asked to attend the funeral Tuesday, but the judge of the 12th Federal Criminal Court in Curitiba, Carolina Lebbos, had rejected her request, and Judge Leandro Paulsen, regional court of the 4th Region (4), had maintained his request.
The sending of Judge Carolina Lebbos follows the statements of the Federal Police and Prosecutor's Office, stating that there was not enough time for the transport logistics of the 39, former president be kept in time for the end of the burial of Lula's brother. which, although provided for by law, there is no guarantee that the benefit will be granted in all cases.
However, Toffoli got Lula's right to meet family members in a military unit.
After the pronouncement of the defense lawyer, the former President Luiz Inacio Lula da Silva informed Dias Toffoli that finding his family in a military unit after the funeral of his brother Genival, Inácio da Silva, known as Vavá, could "aggravate the sufferings" of all.
In a document submitted to the STF, the defense stated that shortly after the death, the request to attend the funeral and burial had been addressed to the Federal Police, the Federal Court of Curitiba and at the regional regional court of the 4th region, but all rejected. demand and subject to "illegal restraint".
The lawyers pointed out that when Toffoli had authorized the removal and acknowledged the right of Lula, the former president had been informed that his brother had already been buried – Vavá died of cancer Tuesday morning (29), at 79 years old.
"Since he considers that the meeting with his next of kin a few hours after the burial of his brother in a military unit, as stated in said decision, will have the effect of to aggravate the already high suffering of its members, the petitioner has informed his It should be emphasized that this position implies no waiver of the right guaranteed, but to the painful deployment of an illegal and unambiguous restraint to which the petitioner has been submitted until the decision made by you.Excellence, "says the document filed in the Supreme Court.
In the application filed with the STF, the defense argued that the law on the enforcement of criminal penalties provided for the "humanitarian law" of the former president to attend funerals.
According to the standard, convicts serving a sentence under a closed or semi-open regime and provisional prisoners may be allowed to leave the prison, provided they are escorted, in case of death or death. serious illness of spouse, partner, ascendant or descendant or brother.
The lawyers of the former president still remember the episode of the 1980s. Even imprisoned during the military dictatorship, Lula was allowed to witness the wake of the mother, Eurídice Ferreira Mello, Dona Lindu.
The former president was found guilty of pbadive bribery and money laundering by Judge Sérgio Moro at the age of nine and six months in July 2017.
In January 2018, TRF4 confirmed the sentence and aggravated it. of the former president for 12 years and 1 month in prison in the case of triplex in Guarujá (SP).
On April 7, Lula returned to the Federal Police and has since been arrested at the supervision of the Federal Police in the capital of Paraná.
A spokesman for the presidency of the republic said that President Jair Bolsonaro would not talk about the case.
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