Marco Aurlio: STF would not be divided if it voted in 2nd degree prison – Politics



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(photo: Carlos Moura / SCO / STF)
(photo: Carlos Moura / SCO / STF)

Minister Marco Aurlio Mello of the Federal Supreme Court (STF) said Wednesday that the court would not be divided on the execution of the case, anticipating the penalty if the President, the Minister Crmen Lcia, had set the tone of the actions that address the issue.

"Strange moments, I've been here for 28 years, and I've never seen any agenda manipulation like this," said the minister, a tripartite rapporteur on the subject.

Last Monday, 25 PCdoB, the author of a compendium of a second-degree prison presented to the STF in April, again asked Marco Aurlio to limit the execution of the sentence , individually. If granted, the measure will directly benefit former President Luiz Incio Lula da Silva (PT), who has been imprisoned since April, after having been confirmed by the Regional Court of the 4th Regio (TRF-4) in the case of the triplex Guaruj.

However, in an order issued on Tuesday, March 26, Marco Aurlio repeated what he had done on these requests and reiterated that the decision is up to the plenary of the Court, again attributing the last word to the appointment. the date of the judgment of these actions.

Understand

In 2016, the STF signed an agreement, 6 to 5, which authorizes the arrest after second-degree conviction, during the badysis of two actions brought by the Ecolgico National Party (PEN) and l 39; ; OAB. The pressure around the actions persists because the plenary has not yet judged the merits of the process.

Since the end of last year, when Marco Aurlio published the actions on the agenda, the theme has had a great impact in the judicial world and in the political world. The minister claims that since the decisions were final, in the binding nature, this makes the ministers decide differently, generating "abundant jurisprudence".

Lula resumed the plenary session by badyzing a habeas corpus in April, while her request for liberty was rejected by the collegiate, by 6 to 5. The majority followed the current jurisprudence of the Court, which authorizes the execution anticipated sentence.

"Minister Rosa Weber, who understands that there can be no execution after the decision of the second instance, in the case of President Lula," said Marco Aurlio, "on the decisive vote of the minister in April.

"We will not have the discrepancy between the two clbades (if they had been judged the actions in the case)." The difference that I call internally that greater discretion provokes the judiciary if the plenary has already been pronounced. for the judgment, you have the floor, "concluded the minister.

Last Tuesday, during the second-clbad clash between ministers Edson Fachin and Dias Toffoli, around the request for freedom of former minister Jos Dirceu, Ricardo Lewandowski also accused Cristian of doing the actions.

"As long as these CDAs are not tried, this issue remains open and the courts and magistrates are not bound by a specific judgment made in plenary." It is urgent, and echoes the words of Minister Marco Aurlio, that the CDA 44, "said Lewandowski.

Wanted, the advice of Minister Crmen Lcia said that the President of the Supreme would not comment on the statements of colleagues.

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