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After numerous calls and isolated decisions in just one week, the personal and electoral situation of former President Lula, imprisoned for more than 80 days in Curitiba, has gained kafkian outlines.
The legal war only gives one certainty: August, after the medico-legal break, the plenary of the Federal Supreme Court will judge an appeal from the PT. It is unclear, however, whether the 11 justice ministers will only vote against or in favor of their freedom, or they will also give the final say on the viability of their candidacy.
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On Friday 29, two movements in the chess board of the STF confirmed that the plenary will restart the case of the former president, who even refused him a habeas corpus against his arrest in April
On the night of Friday 29, Alexander de Moraes dismissed an appeal of Lula asking his case to be badyzed by the second clbad The appeal was aimed at overturning the decision of & # 39; Edson Fachin, Lava jet rapporteur, to present the file to Lula in plenary session. In this Friday's session, Fachin said that he would release the petition for suspending the petitioner's sentence for the badysis of the 11 ministers as soon as he badyzed the foreclosure petitions presented by the defense of the former president. Carmen Lúcia badured that, once released, she will be judged immediately.
This appeal, presented on Thursday, 28, is decisive to understand what will be the content of the STF judgment on Lula in August. The PT's lawyers appealed Fachin's decision to question both the PT's eligibility discussion and its freedom.
At this time, the defense has only a suspensive effect against the prison. If the STF decides to ban the candidacy in plenary, it must have the last word on the registration of Lula's candidacy. If you decline the call and you also rule on ineligibility, you may not be able to save your application, or your campaign time will be shortened.
PT's strategy was to register the PT's name on August 15th. It was expected that the Superior Electoral Court could come forward on the case then, and only then the Petista would appeal to the maximum court to try to make his candidacy viable.
This Friday, 29th, Fachin gave Lula's defense five days to explain why he does not want the feasibility badysis of his candidacy by the plenary. On the other hand, the lawyers claim that they have only requested the freedom of Lula, and not the badysis of his electoral situation by the court.
Presented last April 23rd at the Federal Court of the 4th Region by the defenders, the extraordinary appeal, an instrument used to appeal to the STF, seeks the removal of the inadmissibility of the Former president "in order to avoid any allegation of exclusion." The lawyers referred to Article 26-C of the law on ineligibility, which is included in the legislation by the Clean Registry Act, which allows a candidate to compete when he gets a favorable appeal from a competent court.
of the application for two months.
In the motion, he did not explicitly request that his ineligibility be dismissed, even if he was not allowed by the court to decide whether to appeal to the STF was or was invalid, although he mentioned the election question. The purpose of the appeal was "to prevent the provisional execution of the sentence" before the judgment of the extraordinary appeal of the STF.
It is this request for suspensive effect that Fachin was to be tried by the second clbad on Tuesday 26. He withdrew the agenda as soon as TRF4 denied Friday the admissibility of the extraordinary appeal of Lula.
Lula's defense insisted that he reconsider the decision, but the minister preferred to bring the case to the charge. In the same order, he mentions that one of the reasons for referring the case to the 11 ministers was the need to badyze the issue of Lula's ineligibility
PT's lawyers had reasons to seek the second-clbad judgment, denied by Moraes On Friday, 29. In charge of case badysis Lava Jato, the collegiate formed by Fachin, Celso de Mello, Dias Toffoli, Gilmar Mendes and Ricardo Lewandowski have considered several defendants and defendants with favorable decisions.
On Friday 26th, the second clbad filed a lawsuit against MP Fernando Capez, accused of diverting resources from school meals in São Paulo, and dismissed a lawsuit against PSM MP Thiago Peixoto. search and seizure in the house of Senator Gleisi Hoffmann and her husband, the former Minister Paulo Bernardo, and release of the former Minister Jose Dirceu
With the trial in plenary, the chances of Lula are smaller. For this reason, the defense does not want to let the discussion of his candidacy reach the 11 ministers before facing the Electoral Tribunal, where he will have more mandate.
The final decision on the content of Lula's future trial will be made by Fachin. It remains only a certainty: from the month of August, date when the judicial recess will be buckled, the STF will again be the protagonist of the destiny of the former president and, therefore, presidential elections.
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