Lula's defense in second class appeal of STF

IN VIDEO The defense of the former president Luiz Inácio Lula da Silva (PT) brought a complaint before the Supreme Court Federal Court (STF) for an appeal from the Petista to be tried by Second Clbad and not by the plenary of the Court, as decided by the trial rapporteur, the Minister Edson Fachin .

In his motion, Cristiano Zanin Martins argues that Fachin did not justify the reasons why the appeal should be decided by the eleven ministers and suggested that the rapporteur withdraws the case that the PT could be released. "The article questions the STF on the fact that only cases against Lula in the prospect of a favorable outcome in the competent body – the 2nd clbad – are submitted to the plenary," he wrote. in a note

The imbroglio began after the retirement of Fachin. a panel of the petitioner to be voted on Tuesday (26). The minister took a stand after the Regional Regional Court of the 4th Region (TRF4) rejected the possibility for Lula to call into question the 12-year sentence in the Supreme Court. If the case is not brought before the Supreme Court, it would not be useful to resort to the appeal, Fachin said. The defense appealed and asked the clbad to decide. Fachin did not agree and sent it to the plenary

As a backdrop to the discussions, there is the divergence between the ministers and the changes of position according to the collegiate. In the second clbad, four of the five ministers, especially the trio formed by Dias Toffoli Gilmar Mendes and Ricardo Lewandowski are against the execution of the sentence after the conviction in the second case. In plenary, however, the continuation of this agreement was victorious by 6 votes against 5.

This situation was clear in this Tuesday's meeting. The ministers defined the release of the former Minister of Civil Affairs, José Dirceu (PT) and former adviser to the CP João Cláudio Genu, as well as other controversial decisions in cases involving politicians, who tend to promote the rights of the accused. , as the cancellation of the evidence collected in the house of Senator Gleisi Hoffmann (PT-PR) and in the forfeiture of an action against MP Fernando Capez (PSDB-SP) [19659012] News about
Cristiano Zanin MartinsLuiz Edson FachinLuiz Inácio Lula da SilvaSupremo Federal Court – STF