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The President of the Supreme Court (STF), Dias Toffoli, in post at the suspension of the judicial hearing, authorized Wednesday (30) the former president Luiz Inacio Lula da Silva to get out of prison to find his relatives.
Toffoli responded to Lula's defense request. The former president had the intention to accompany the burial of brother Genival Inacio da Silva, the Vavá, as it was called. Vavá died this morning (29 years old), at age 79, victim of cancer.
The minister badures Lula the right to meet family members in the military unit, with the possibility that Vavá's body will be taken there.
However, the body of Vavá was already buried early in the afternoon of this Wednesday (30), in the Paulicea Cemetery, in São Bernardo do Campo.
"For these reasons, I order habeas corpus of office, according to the law, to guarantee the applicant Luiz Inácio Lula da Silva the right to maintain exclusively with his closest relative today Lula "title =" Person in charge of the photo published by the ex-president of Brazil on the social networks of Lula ", wrote the president of the Supreme Court
In a 9-page decision, Minister Dias Toffoli cited the Federal Police (FP) who had declared against the application. The PF pointed out that the lack of time to attend the funeral service made it impossible to meet the demand as formulated.
According to the minister, the PF also stressed "a risk to the security of those present and public officials mobilized, especially given the information published on social networks concerning the call of activists to go to São Bernardo do Campo, corroborates the information of the police services. "
Toffoli said that these intercurrences could not prevent the right of Lula" although of partial form ".
"The possible interferences mentioned in the police report, in my opinion, should not hinder the realization of a guaranteed right to those who are subject to a regime of execution of the sentence, even of partially, that is to say, the right of the applicant to meet family members in a reserved and pre-established place and to give them the solidarity that is due to them, even after the burial, as it is not necessary There is no objection to the law, "said the minister.
Toffoli banned the use of cell phones and other means of communication.
The President of the Supreme Court stated that it was the responsibility of the judiciary to ensure the safety of detainees and their families, as well as the presence of the press and public statements. "Providing badistance to the detainee is an undeniable duty of the state (Article 10 of Law 7.210 / 84), and it is certain, moreover, that the Brazilian Republic One of the fundamental pillars is the dignity of the human person, "he said.
Lula's application to the STF was rejected by the courts below.
The body of Vavá, brother of Lula, is buried in São Bernardo do Campo – Photo: Glauco Araújo / G1
In the application submitted to the President of the State of São Paulo STF, the defense argued that the law on The application of penalties provides for the "humanitarian law" of the former president to attend the funeral.
According to the standard, the co ndamnés serving a sentence under a closed or semi-open regime and the provisional prisoners can obtain authorization to leave the prison, provided to be escorted, in the event of death or serious illness of the spouse, of the partner , ascendant or descendant or brother.
The lawyers of the former president still remember the episode of the 1980s. Even imprisoned during the military dictatorship, Lula was allowed to witness the wake of the mother, Eurídice Ferreira Mello, Dona Lindu.
The former president was found guilty of corruption and money laundering by Judge Sérgio Moro at nine years and six months imprisonment in July 2017.
In January 2018, the Regional Court 4th Federal District -4) upheld the sentence and bore the sentence of the former president to 12 years and 1 month imprisonment in the case of the triplex in Guarujá (SP).
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