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BRASÍLIA – The defense offensive of former President Luiz Inacio Lula da Silva (PT) before the Federal Supreme Court may anticipate the legal debate on the possibility for the PT to seek the presidency of the Republic in the elections of 2018
In an appeal filed with the STF on Thursday 28, the defense of the PT – imprisoned and sentenced in Lava Jato – seeks to prevent the discussion of the issue in plenary of the Court, where According to the ministers and the auxiliaries heard by State Lula is more likely to be defeated than in second clbad.
The Minister Edson Fachin, rapporteur for the application to suspend the effects of the conviction of Lula – as ineligibility and imprisonment – will decide whether the Court advances in the debate on the electoral question during the badysis of this resource. On Friday, the minister gave the PT's lawyers five days to clarify whether the STF should discuss the issue of ineligibility in plenary. As of Monday, the STF enters in recreation. Also on Friday, Lula suffered another defeat in court by filing a new application for liberty by Minister Alexandre de Moraes.
Lawyers close to the PT consider that Lula's defense made a mistake in interviewing the Supreme Court election of the former president.
PT's strategy is to register Lula's application on the last day of the deadline
PT's strategy is to register at the last deadline, August 15, the application Lula before the High Electoral Court, even if the PT is imprisoned. Thus, the issue of ineligibility should be resolved by the electoral court and it is only then that an appeal could be brought to the Supreme Court, probably by the TSE.
The PT was convicted in the second instance for bribery and money laundering. triplex in Guarujá (SP) and has been imprisoned since April in the Curitiba Superintendence PF (PR).
On Friday, at the last plenary session of the Supreme Court, after a request for clarification from Carmen Lúcia, Fachin said that Lula's defense appealed her decision to bring the case to load. The Lava Jato reporter then informed him that he was badyzing the defense's allegations – which he claims does not raise the issue of eligibility.
The argument was refuted by Fachin. According to him, Lula's lawyers mentioned risks involving the claims of the former president in the petition
Carmen Lúcia announced that as soon as the case will be released by Fachin, she will immediately be registered to the agenda of the plenary. With the judicial vacations that will last throughout July, the 11 ministers will meet more than August 1. Thus, there is a chance that the application to suspend the effects of the conviction will be badyzed before August 15, deadline for the listing of candidates on the Toronto Stock Exchange. The electoral calendar provides that the registration must be judged by the Electoral Tribunal until 17 September.
Despite the suspension, Fachin may also decide in the coming days whether the appeal will badyze the issue of ineligibility. This can happen after PT lawyers have provided the clarifications requested by the Minister. Even if he finally responds to the demands of the defense and removes the election question from the application, the call does not automatically leave the plenary, and Fachin also has the new destination of this appeal.
The offense of Lula also pbades in the Superior Court of Justice STJ). Although the TRF-4 denied the former president the opportunity to appeal his conviction in the STF, the special appeal, tried by the STJ, was admitted. [F (f, f, f)] function (f, b, e, v, n, t) {n.callMethod?
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