Lula, a citizen kidnapped by the judiciary

The conclusion It was revealed by the digital newspaper Brasil 247, after a new and contested judicial maneuver by the Supreme Court Judge (STF) Edson Fachin suspended the trial by the second room. hearing an appeal that, if admitted, could release to Lula from the prison that he prepares in advance.

Fachin not only decided that the case should be discussed in plenary session of the STF – worst case scenario for the former representative – but added to the badysis of the case. call an badessment on the application of Article 26-C of Complementary Law 64/90, which refers to the law of suspension.

It happens that the defense of Lula did not ask for this decision In his appeal and a judge can not decide what was not asked, said the national executive of Workers' Party (PT) in a statement in which he stressed that the magistrate "exceeded all limits".

The Fachin maneuver evokes the authoritarian spirit of the institutional acts issued by the dictatorship to annul the mandates and rights of the people's representatives, said the document and insisted that a judge – and let alone a minister of the Supreme Court – can in an abusive manner a man's freedom and his political rights.

In this sense, and in statements to the Brazilian newspaper Fato, the lawyer Marco Aurelio de Carvalho, a member of the Brazilian Association of Jurists for Democracy (ABJD), was categorical when it came to the case. he baderted that "there is indisputable judicial activism, manipulation orchestrated by the Judiciary."

The fact that he coupled this article 26-C and asks the legal operators to understand that his interest is to keep Lula prisoner, and thinking that he could not do it, he anticipates the debate on the conditions of ineligibility that, under normal circumstances, should occur at the High Electoral Court (TSE) He explained

De Carvalho was one of over 270 jurists, lawyers and university professors who signed a manifesto for "Lula's defense and presumption of innocence and against acts that weaken the Constitution ".

released following the decision of Fachin, expressed a clear repudiation of the maneuvers of time and procedures that postpone a decision on the right to liberty and fundamental guarantees that affect not only the inmate of the specific case (Lula), but the lives of thousands of incarcerated in Brazil.

He also pointed out that the abnormal form of the decision restricting priority and urgent rights caused fear not only – the consumption of innocence and damage resulting from the deprivation of liberty – but of a Minister whose biography he always exposed and professed to defend the Constitution and democracy of 1988.

Incidentally, the same day, he canceled the Lula trial, Fachin filed an investigation by the federal police on the Obstruction of justice and the purchase of silence of a witness that directly involves Senator Ciro Nogueira, but also highlights the possibility of revealing links with President Michel Temer. ] A COMBINED GAME UNSCRUPULOSO

For those who have not yet received it, it should be noted that there is "an unscrupulous combined game" between Federal Judge Sergio Moro , the Federal Regional Court of the Fourth Region (TRF-4) and between the latter and the Supreme Federal Court (STF), warned political scientist Aldo Fornazieri

The obvious and not disguised purpose of this compromise is to keep prisoner Lula, at least until after the October elections, and to prevent him from running for office, said Professor of the Foundation of the School of Sociology and Politics [19659003] In addition, he warned, the game also goes through the Superior Court of Justice (STJ) and the Supreme Electoral Tribunal (TSE), "and everything will be done to ensure that the goal of preventing the candidacy of Lula be reached. "

In fact, if the plenary of the Supreme Court will come to judge the extraordinary appeal presented by the defense of Lula will only do so in the month of August, it will be suspended throughout July and also the Attorney General of the Republic has a Regimental period of 15 days to talk about the case before

According to the law, the limit of registration before the TSE of applications for registration of candidates expires August 15th. And it is then that the PT plans to place the name of its founder and historical leader.

But, the decision to bring the issue or not to the plenary of the STF is in the hands of the president of this court, Carmen Lúcia, the same as at the beginning of last April and avoiding the Brazilian Magna Carta determined with her vote the opportunity to anticipate Lula Prison.

The togada also prevented the debate from two actions of constitutionality that require a review of the position of the STF (which in 2016, it opened the possibility of incarceration after the exhaustion of the second instance appeals) and could have prevented the premature detention of the former Brazilian claimant.

On the other hand, the new "judicial quibble" of Fachin intervened at one point The anti-corruption operation challenged Lava Jato suffered three successive defeats in the superior courts.

First, the plenary of the STF was resolved by a majority of voices prohibited r, unconstitutional, the coercive conduction of the interrogations; a usual practice of Lava Jato of which Lula was also a victim.

Subsequently, the second chamber of the Supreme Court unanimously acquitted the national president of a new and contested judicial maneuver from the Minister of Corruption and Money Laundering of the Federal Supreme Court (STF) Edson Fachin suspended the trial by the Second Hall of Appeal which, if admitted, could release Lula from the prison that PT prepares, Senator Gleisi Hoffmann, acknowledging that in the allegations The Public Prosecutor did not provide any substantive evidence to support the informants' allegations.

Finally, the collegiate granted a habeas corpus of precaution to Jose Dirceu, former minister of the presidency under the Lula government, who since 18 Can he serve a sentence of 30 years and nine months in prison.

In his decision, Ministers José Antonio Dias Toffoli, Ricardo Lewandow Ski and Gilmar Mendes argued that an appeal by their defense to the Superior Court of Justice (third instance) could be concluded by the amendment or the reduction of the sentence.

This last determination sparked the hope that Lula would be free again, although legal experts have recommended caution.

This is the case of the lawyer and professor at the Pontificia Universidad Católica de São Paulo (PUC / SP) Pedro Serrano, who in statements in Brazil of Fato asked to be vigilant . The judiciary is heavily contaminated by political interests

"We are not at a time when democracy is functioning normally," Serrano said and remarked that "we do not have an independent judiciary today. 39 who can declare Lula innocent, and allow him to run for president. "