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BRASÍLIA – Minister Dias Toffoli, who badumes the presidency of the Federal Supreme Court (STF) from September, does not intend to regulate actions concerning the prison after the second instance this year, according to Estadão / Broadcast .
In April, during a judgment on the habeas corpus of former President Luiz Inácio Lula da Silva (in the state of São Paulo) PT, sentenced and jailed in Lava Jato operation, the plenary has maintained, by six votes to five, the opportunity to begin serving his sentence before the exhaustion of the appeal.
The current president of the STF, Carmen Lúcia, who votes for the prison in second instance. In recent months, the minister has resisted the action, even on the insistence of members of the courts, parties and lawyers.
Ministers in favor of amending the current case law of the Court, signed in 2016, are expected that Toffoli will direct the actions, reported by Minister Marco Aurélio Mello, at least from next year, or after the elections of October.
In April, Toffoli defended the possibility that defendants could wait until they were tried in the Superior Court of Justice (STJ). The position, accompanied by Minister Gilmar Mendes, is considered a third way between waiting for the last word of the STF and the execution of the sentence shortly after the second-degree conviction.
The Judgment of the Actions Relating to the Early Execution of the Speculation Punishment in the STF After the Legal Confusion Established in TRF-4 on October 8, Where a Habeas Corpus Granted to Lula by Judge Rogério Favreto was dismissed by Lava Jato's rapporteur, João Pedro Gebran Neto, and later by TRF-4 President Thompson Flores. The revision of the agreement that allows arrest in the second instance is one of the hopes of the PT defense, which intends to seek the presidency of the Republic in the 2018 elections
The pressure move for President Gilmar Mendes, who voted in 2016 in favor of early execution of the sentence, has changed position. The scoreboard did not appear during Lula's habeas corpus trial in April because minister Rosa Weber had voted to deny the PT's freedom, despite the fact that convicts could be released until April. Exhausting legal remedies.
On this occasion, the Minister emphasized the principle of collegiality. The expectation of ministers seeking to change understanding is that Rosa maintains the vote against arrest in second instance when the plenary judge actions on the subject, which are valid for all cases in Brazil.
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