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(Archive / Agência Brasil)
SÃO PAULO – Last Sunday marked an intense legal turning point around a request from habeas corpus that could have resulted in the release of former President Luiz Inacio Lula da Silva, imprisoned since April 7 as part of the Lava Jato operation. On this occasion, the judge on duty at the TRF-4 (Regional Federal Court of the 4th Region) this weekend, Rogério Favreto, determined twice the freedom of the head of PT, who did not finally was served by Federal Judge Sergio Moro, initially, and by the Federal Police, later. The decision was challenged by the case's rapporteur in the second instance, João Pedro Gebran Neto, on leave, and was dismissed by order of the President of the Court, Carlos Flores Eduardo Thompson.
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The appeal, presented by three PT MPs, was to fall into the hands of Favreto, a former lawyer with a history of the party and his presidency. In his decision, the magistrate argued that there was a new fact that would justify the badessment of demand at the time, consisting in maintaining Lula prison in a context where, unable to 39, to grant interviews and to participate in the debates, would have prejudged his pre-candidature for the presidency of the Republic. This position has been considered controversial in the legal environment and is subject to severe criticism. In any case, it would be enough to culminate in the freedom of Lula – but perhaps not very durable, since the decision would certainly be reformed by Gebran in response to a possible appeal.
The mere liberation of Lula, though reversible in a short time, could symbolically represent a defeat that Lava Jato would not like to wear right now. It is in this context that the decision of Sergio Moro arose, challenging the determination of the superior magistrate and avoiding the completion of the release, which gave time to go back in the table. It was vital for the maintenance of the arrest of the ex-president, as it was followed by the demonstration of the rapporteur's magistrate, and later in the midst of Favreto's insistence on the Grant of HC, its own involvement President of the Court On the other hand, the action has a strong political side effect.
By not complying with the determination of superior authority, Moro badumed a position that reinforces the narrative used by the defense and Lula's allies. As difficult as Favreto's decision may have been, it was not a legal route to be taken by Moro in this case. The episode gives ammunition to the notes of alleged partiality in the actions of the magistrate, in addition to achieving the reputation of the Brazilian judiciary, which was once again around the disputes that resembled the practices of the policy itself. even. In the specific case of Moro, there is a risk that the traditional badociation of his image with that of the federal prosecutor is strengthened, which is bad for Lava Jato. Sunday's release is more a reflection of the legal environment of insecurity established in the country.
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