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SÃO PAULO – Immersed in the difficult task of maintaining the candidacy of former President Luiz Inacio Lula da Silva until October, the PT's defense with the electoral justice works on a collection precedents with the aim of putting pressure on the Superior Electoral Court for it to keep Petista candidate while he discusses his electoral situation before the higher courts. Lula was sentenced on appeal to 12 years and one month in prison for corruption and money laundering and, under the Clean Sheet Act, is ineligible.
The research work developed by the team of the lawyer Luiz Fernando Pereira shows cases of candidates who have been allowed by the courts to maintain the candidacy, win the elections and be graduated, until 39. in the meantime, they cancel the ineligibility. The main strength in forcing divergent votes to the PT thesis is a set of decisions of the TSE ministers in situations that resemble the current Lula imbroglio.
One of the numbers that fuels the hope of those who want to see Lula's photo at the polls on October 7 refers to cases where justice has acknowledged the possibility of ineligibility of candidates . In 2014, the TSE inaugurated as case law the authorization for a candidate to participate in the actions of the campaign, considering the possibility of a new fact, able to eliminate the ineligibility before graduation. Since then, at least 51 monocratic decisions have been made on the issue, and in 28 of them, the refusal to register has been reversed. Of the total number of cases badyzed, seven were reported by Minister Admar Gonzaga, who canceled the ineligibility in four of them, and three by the current president Luiz Fux, who maintained ineligibility in one.
In the same period, the study counts 70 decisions the Toronto Stock Exchange colleges that recognize that candidates had a chance to reject the ineligibility after the application for registration and even after the Election, provided that before the diploma. Of these, 36 rulings examined the fact arising to effectively postpone registration, and 25 of them annulled the previously decreed ineligibility.
The statistics go beyond: 145 mayors were elected in 2016 with the registration refused, and 98 were able to reverse the denial until the degree.
See also: Lula wants a film premiere during the elections
In Rio de Janeiro, about 1,500 cases of politicians competed for ineligibility and managed to change their situation until the end of the election. upon graduation were calculated. Across Brazil, at least 10 cases of candidates who won the imprisoned elections have been registered.
The most cited ministers in the lifting of precedents are Luiz Fux and Admar Gonzaga, known for more severe positions regarding the possibility of Lula. apply. The badysis goes on to point out that Fux, "in cases similar to those of Lula," accepted the reversal of ineligibility, postponing the application files in question. In an interview with the newspaper O Globo a day after baduming the presidency of the TSE in February, the minister even declared that a candidate chip was "not recordable" or even prevented from offering the registry Applications
The use of statistics reinforces the strategy of lawyers to increase the cost of a possible decision contrary to the former president, who must also rely on the support of a strong corporate name in the formulation of a favorable opinion to his candidacy. All this with the intention of mixing the case and making a quick badysis difficult. Lula's lawyers believe that a respected jurist, independent of political currents, could be a letter to defend his thesis, according to which the admission of Lula's special appeal for TRF4 should be understood as a recognition of its chances of
It would be a reasonable justification, according to the accused of the former president, that the TSE authorizes the Lula campaign, while the STJ badesses whether or not it will have suspensive effect on the remedies annulment of the effects of the sentence. The legal battle around the election situation of the former president will take place concomitantly with the TSE and before the higher courts.
At the same time that Lula's lawyers are preparing ammunition, the climate of the East is one of the ministers' commitments in terms of legal certainty. Some members of the Court say that it is difficult to find precedents and decisions related to the Lula case, since there is a request for registration to the presidency of the Republic
Prisoner for nearly four months imprisonment by the Commissioner of Police Federal, in Curitiba (PR), after being sentenced in second instance, Lula is framed in the law of the Clean Sheet. Although the chances of suspending ineligibility are minor, PT's strategy is to insist on Lula's candidacy to the limit, leaving the burden of the process behind justice, which will have to prevent the candidate from challenging the name leading up to it. polls
The internal party investigations have shown that the electorate who identifies as "Lulista" still does not agree to think of another candidacy, even if it is not the same. This is a PT name. Lulism is not represented by any plan B, even though he does not know the names most cited in the PT to replace Lula and expresses a feeling of betrayal when he talks about putting someone in the wrong place. one in place of the former president.
Lula is prevented from applying, the PT has two possible ways to follow: 1) insistence on the candidacy of the former president. In this case, the party should fight to reverse the inadmissibility in a timely manner; 2) replacement by another name. The exchange can take place until 17 September at the latest, ie 20 days before the first round.
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