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Lawyers, jurists, politicians and party activists may have radically different opinions regarding the October elections, but everyone agrees on one point: [19459004LuizInacioLuladaSilva(19459004)thepre-candidacyoftheformerpresidentwillbetakentothelatestlegalconsequencesgeneratinguncertaintiesinreadingthescenarioThenationalpollskeephiminthevotingintentionswhichputsashadowonthecandidacyvisionItisafactthatthePTtodayanduntiltheSupremeElectoralTribunal(19459003)judgesitsapplicationcanbeapre-candidate
The trial will only begin after August 15, the deadline for the application for registration. Subsequently, one of the ministers will review the conditions of the application and the public prosecutor, the electoral prosecutor's office or any other party or candidate may contest the application. Either way, it's an open space for the contradictions and manifestations of the parties and the court. These process steps will barely end in the TSE before mid-September. And still appeal to the Federal Supreme Court (STF). While the register is awaiting a judicial decision, Lula will be able to perform all the campaign's acts, including free elections
– even though the candidacy registration is sub judice until 39 on election day, would that be unknown? In the last elections, 145 mayors were elected, although they were refused registration and some were even arrested, because imprisonment and ineligibility are provisional and can be annulled even after the election. Election, before graduation. Therefore, Lula elected president, it will remain at the STF to decide to approve or revoke the sovereign will of the majority of Brazilians and Brazilians – says the lawyer and current secretary of communications of PT-SC, Murilo Silva.
Read more "Our goal is to release him from prison in early August," says Gleisi Hoffmann on Lula
For the lawyer Márcio Vicari, former judge of the Regional Electoral Tribunal (TRE ) of Santa Catarina, the only way to not if the Lula's Clean Limitation Act is applied and, therefore, to make it eligible, in the event that the appeal that it has filed with STJ obtains from the competent clbad suspensive effect on the ineligibility. However, the former magistrate believes that this is unlikely. In the badysis of Vicari, in addition to the second instance conviction to make Lula ineligible, the decisions of higher courts (STJ and STF) contrary to the PT also also compared to the prison signal in the same direction.
– PT has interest in creating a political fact, take the discussion as much as possible. The campaign is shorter and, at some point, the Electoral Tribunal must schedule the polls with the names of the candidates. And this comes to a point where, including these names, even if they deem the candidate, it does not give more time to get out of the polls. So imagine this happens: program the urn, go with his name, then the TSE challenges.
President of the State of Santa Catarina, MP Decio Lima states that even if one considered the possibility for Lula not to contest the elections, his cause would be on the leagues. But the parliamentarian is optimistic:
– The penal code does not apply to the election. Lula was deprived of liberty, but he did not lose his political rights. All the latest EST decisions of similar cases benefit Lula. Even all (the candidates involved in these TSE decisions) have challenged the elections under these conditions, those who won have taken possession of them and they rule until today.
The Next Steps
Lula was sentenced in second instance by the 4th District Federal Court (TRF – 4), for pbadive bribery and money laundering in the triplex case. The penalty has been set at 12 years and one month. The former president is detained in the Federal Police in Curitiba (PR) because, according to the most recent understanding of the Federal Supreme Court (STF) on the subject, the Arrest may already occur at this stage of the proceedings, even though appeals to higher courts have not yet been tried.
Even convicted and imprisoned, he may be a candidate. The PT has until August 15 to register his candidacy to the Supreme Electoral Tribunal (TSE). The registration may be rejected by individual decision of the reporter of the process in the TSE.
Even though there is a new dismissal, Lula can appeal to the Superior Court of Justice (STJ) and then to the STF, requesting a suspensive effect of the decision that resulted in the ineligibility, in this case, a criminal conviction. Although there is no final decision in the last instance, he can campaign.
If he can leave prison, Lula can be a candidate and participate in the campaign, including participating in debates and rallies, for example. As long as there is no final final decision on ineligibility, Lula can campaign, appear in election propaganda and even have her name and number put on the electronic ballot box. Most likely, however, is that the higher courts speed up the lawsuit, because it is a presidential election and a candidate of Lula's size.
Party says names to occupy spaces
Pending the judgment of the appeal in the STF, Lula continues in pre-campaign, even imprisoned in Curitiba, following strategies drawn by him and the PT for keep in focus. The leaves were handed over during the last stage of the Lula caravan in the south of the country and at the Mbad in memory of the former first lady Marisa Letícia, last political and public act of the former president before arrest in São Bernardo do Campo. Claiming that he was now "an idea" and that he was arrested "he would walk on the legs of the people", the PT made it clear that he would stay in the race as long as possible.
In recent weeks he was "present" in various events and acts, by means of letters read by representatives. This was even the case of the Mayors' Congress of the Federation of Municipalities Catarinense (Fecam) last week in Florianópolis. The texts of the former president were also disclosed when a new fact in national politics, such as the acquittal of the senator of Paraná and the president of the PT, Gleisi Hoffmann, in the STF, or to send messages and strengthen positions to his own party, opponents, justice and the Brazilian people.
Read more Political News in the Catarinense Journal
In the last pre-campaign action, Lula was the pre-candidate who collected the most in the first week of crowdfunding, the virtual kitty .
The national decision has an impact on the state
In the election of the state of Santa Catarina, the presidential candidacy of the PT, whether of Lula or any other name who comes to replace the PT in the dispute, has only a direct influence on the party's own campaign. Basically, it will determine if the federal deputy Lima (PT), pre-candidate for the state government, will have the undeniable weight of the greatest leadership of the current Brazilian left next to him (in person or not ) on the platform. Indeed, none of the other pre-nominations signal an alignment with Lula and does not win or lose his presence or absence in the electoral race
PSDB Paulo Bauer Geraldo Alckmin, MDB Mauro Mariani Henrique Meirelles , João Paulo Kleinübing's DEM to Rodrigo Maia, Leonel Camasão's PSOL to Guilherme Boulos and Rogério Portanova's network to Marina Silva. Jorginho Mello's PR flirts nationally with Jair Bolsonaro's PSL and Amin's PP Esperidião, also in the national scenario, expressed his support for Maia, but has already announced that the decision has not yet been signed. The Gelson Merisio PSD, at the state level, will not end with a presidential candidate in the first round. Alexander de Moraes denies Lula's request for freedom
The goal is to make the platform as free as possible before the large number of people. acronyms that already integrate the project [19659024]
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