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The President of the Federal Supreme Court (STF), Minister Dias Toffoli, scheduled on April 10, 2019 the trial for actions that will certainly discuss the possibility of arresting second-rate convicts. of the two ADCs (declaratory actions of constitutionality) by the Supreme Court may possibly change the current understanding of the provisional enforcement of the sentence, before all appeals have been exhausted before the higher courts.
According to the understanding, the decision can the former president Luiz Inácio Lula da Silva, arrested in Curitiba after being sentenced to the second degree in the case of the triplet of Guarujá (SP). Lula has been incarcerated since April 7 this year.
Minister Toffoli's argument is that the enforcement of the sentence must be possible after a decision of the Superior Court of Justice (STJ), which acts as the third court, which will again be seized of the problem once the prison is over. If this thesis is to prevail, for Lula to benefit, it will be necessary for the STJ to reconsider a decision of the Minister Felix Fischer, who denied the maintenance of his appeal in court.
The PT defender has already appealed Fischer's (individual) monocratic decision. Java in STJ, which rejected the special appeal addressed to the court.
The actions relating to arrest in the second instance, presented in the report of Minister Marco Aurélio, have taken place before the Supreme Court since 2016. The rapporteur published them for badysis in plenary in December 2017.
Ministers and lawyers wanted the prosecution to be judged in the first half of this year, before the arrest of former President Lula in April, but the President of the Supreme Court, Minister Carmen Lúcia, refused to mark the trial.
Instead, the Supreme Court considered a pre-emptive habeas corpus petition filed by Lula's defense to prevent her arrest. At the time, by six votes to five, the ministers refused habeas corpus.
Both ADCs contest the possibility of executing the sentence of a convict before the exhaustion of all remedies. One was filed by the party PEN (today, Patriota) and the other by the OAB (Association of Brazilian Lawyers).
Since he badumed the presidency of the Supreme Court on September 13, Minister Toffoli has repeatedly stated that he would not participate in the process this year.
Door of Drogas
Toffoli published part of the agenda of the first half of 2019 trials on the night of Monday (17), during a dinner with reporters in Brasilia.
According to the President, the plenary session of the STF should, according to the President, initiate an appeal on the decriminalization of the possession of drugs for personal purposes.
This trial began in 2015 and was suspended at the request of the then Minister, Teori Zavascki, who was killed in a plane crash in January 2017. Teori's success in the Supreme Court, Minister Alexander de Moraes inherited the request for an audience and made the case public for consideration by the plenary earlier this month.
Still at dinner tonight, Toffoli reviewed his management from September to September. December, and noted that in 24 plenary sessions under his command, 168 cases had been tried, which equates to an average of seven cases per session.
Finally, the president of the STF declared that "this year has been quite difficult for us all, for the Brazilian nation". Toffoli once again claimed that the country should return to the path of economic development, a theme that has been at the center of his most recent public speeches
"We must unblock Brazil and 2019 it will be this year."
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