The TP and the PCdoB accuse Karmen of omission by not imposing early incarceration

The PT and the PCdoB want the Federal Supreme Court to recognize the omission of the court's own president, Minister Carmen Lúcia, in failing to determine the merit judgment on the possibility of incarceration after second degree conviction.

Legends qualify as "persistent refusal" and "inertia" the lack of date for the badessment of declaratory actions of constitutionality that deal with the theme.

"The discretionary power held by the presidency of the Supreme Court can not cause an omission that causes harm to thousands of people." ADC is also a fundamental precept, and when it is not put on the agenda, its function is exhausted and I forget that in a democracy, no action brought before the judiciary can remain unanswered, "says the petition

. the situation of former President Luiz Inacio Lula da Silva.The former president was arrested on April 7, after the Supreme Court dismissed an appeal aimed at maintaining his freedom and alleged that the arrest violated the principle of the presumption of innocence, since the sentence was pronounced in second instance and still on appeal.On the occasion, the Plenary of the Supreme was placed, by 6 votes against 5, against the request. of the defense of Lula

The legend They indicate, in the Argument of Non-Respect of the Fundamental Precept, the existence of a majority against the execution of the sentence. final judgment. Indeed, at the time of the trial of the PT, Rosa Weber acknowledged that the anticipated execution was unconstitutional, but, alleging respect for the position of the collegiate, she adhered to the interpretation of the rapporteur, the minister Luiz Edson Fachin

Rosa "theoretical premises" to justify that the court must have a rationality in its decisions and follow its own precedents. He said that the Plenary is the place to review the positions, but that the case of former President Lula would not be the perfect time to do so, because it is a subjective process to which the previous one should be applied

Without citing the former president, PT and PCdoB argue that the decision on CDA relates "directly to the freedom of thousands of people". According to the Office of the Public Defender of São Paulo, the execution of the sentence after the second-degree conviction resulted in 14,000 arrests in São Paulo alone.

"The act of public power that results in the violation of the constitutional precept in this case, it is the omission of the Presidency of this Court by not including it. not in the agenda of the Plenum of this Court the precautionary measure in the declaratory action of constitutionality No. 54 – or the merit of the declarations of constitutionality No. 43 and No. 44 The Rapporteur for the case, Minister Marco Aurelio, issued the CDA for inclusion in the agenda of the plenary in December 2017. Cármen Lúcia missing a date for the trial.

Questioned Autonomy
The action also calls for revision of the provisions of the Rules of Procedure of the Supreme Court which places the presidency of the court in charge of the scheduling of the trial.

"It is necessary – and it is not necessary. is one of the areas of application of this ADP F – including the revision the constitutionality of this regimental rule (art. 83 (1)), which leaves the decision on the standard of care of the ADCs 43, 44 and 54 in charge of the momentary desire of the Presidency of the Court, to the detriment of the constitutional mission of the Court to safeguard the fundamental guarantees and the citizens' freedom

Criticized strategy
Marco Aurélio, who was defeated during the preventive HC of Lula, has already expressed his dissatisfaction with the President of the Court, Minister Carmen Lúcia, for not having put the question on the agenda. During the session, he appreciated the request of Lula's defense to avoid his arrest, the minister told the president that she had resorted to a "strategy" by not putting the subject in question

Following the Deputy Dean's speech, Minister Ricardo Lewandowski also expressed and recalled that he had asked an Arch Aurelio for the STF to badyze these processes to decide whether to maintain the possibility of arrest after conviction in the second instance before the case of Lula

"In any case The current ADPF does not have the conviction and claim to argue or re-discuss the thesis and constitutional question that involves the presumption of innocence. constitutional action is simply to resolve, in a subsidiary form – which is its role and its function tion – the non-inclusion of ADC 54 (and ADC's 43 and 44), "point PT and PCdoB

of what they call a" manifest violation of the fundamental precept of the presumption of " 39, innocence, resulting from the act of omission of the president of this Supreme Court ", the parties seek a precautionary measure to suspend the effects of judicial decisions of provisional execution of the sentence in second instance.

The 11-page petition is signed by lawyers Lênio Streck, Celso Bandeira de Mello, Fábio Konder Comparato, Weida Zacaner Bandeira de Mello and Paulo Machado Guimarães [19659005] In April of this year, PCdoB presented ADC 54. The two others were presented by the National Ecological Party (PEN) and the Brazilian Bar Association (OAB).

The claim in the CDA was that the Supreme Court recognized the constitutionality of section 283 of the PPC.

The claim in the CDA was that the Supreme Court recognized the constitutionality of section 283 of the PPC. , repealing a declaration of the plenary of February 2016. The CPP provision provides that, without a final decision, a person may be arrested only in flagrante delicto or by application of a precautionary measure.

Click here to read the petition.
ADPF 531