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A war of judicial decisions leaves former president Lula da Silva literally in limbo . It happens that after the decision of Rogerio Favreto, judge of the Court of Porto Alegre (TRF4) to immediately release the head of the PT, another magistrate of the same chamber, which judge in second instance, decided to suspend the Favreto's decision. [19659002] This is Joao Pedro Gebran Neto, friend of Sergio Moro of Curitiba, who, half an hour ago, ordered the federal police to keep the former president in jail. The word now has the Supreme Court. This "war" is one of the biggest legal scandals of recent times. Favreto, who was on duty at TRF4, filed a writ of habeas corpus to free Lula presented Friday by three federal MPs. Immediately, Moro – who is a trial judge – tried to rebel against the measure. But the post was then taken by Gebran Neto, who chose to suspend the order of Favreto.
According to Gebran, his decision bets "to avoid a major tumult for the treatment of habeas corpus".
Faced with this situation, the federal police argued that she could appeal to the general law of the Union – which depends on the government of Michel Temer – to make a decision. Who must solve the case is the Supreme Court. But as he is on a break, the resolution will remain in the hands of the President of the Court Cármen Lúcia Antunes
Insists that Lula be detained to the Superintendency of the Federal Police of Paraná, the post of Moro represented neither more nor less than a judicial rebellion and the strength to intervene immediately before the Supreme Court. Favreto, however, proceeded: upon learning of Moro's insurrection, he ordered, by another sentence, that the freedom of the former president be presented without fail this Sunday.
It happens that the judge of Curitiba acts in the first case, while the TRF4 is the second instance. It is precisely the court that sentenced Lula for the second time. What Favreto did was to comply with a habeas corpus petition tabled Friday by deputies Wadih Damous, Paulo Pimenta and Paulo Texeira, who demanded the immediate release of the former president.
In his decision, he agreed that there is no legal basis for guarding Lula locked up. At this time, the parliamentarians who made the request are in Curitiba, before the Superintendency of the Federal Police, where they try to make it effective and free
"Respect the URGENCY regime on this date by the presentation of the Order of Liberation or such order to any police authority present in the headquarters of the Superintendency of the Federal Police in Curitiba, where the subject is held ", said Favreto in his letter, may be accessed in full on https://twitter.com/LemusteleSUR/status/1015981334425202693.
The release order issued by the judge Rogério Favreto .
Thus, the federal court granted habeas corpus to Lula after having recognized the conviction in the second instance, although it conditions the execution of the sentence to a justification that justifies the need for entry into prison.
Furthermore, this justifies that the order of the prison prevents it from exercising its rights as a pre-candidate for the Presidency and engender a lack of isonomy (equality) before the law.
Biography of former Brazilian President Luís Inácio Lula da Silva, after a court of appeal had ordered his release. AFP
"The unlawful and unconstitutional preventive execution of the sentence imposed on former President Lula is not compatible with his political rights," argued the judge, who defends his right to "participate in the electoral debate". 19659017] Next Tuesday Lula da Silva could be published "src =" https://images.clarin.com/collections/static/lazy_square.svg "data-big =" https://images.clarin.com/2018 / 04 /14/Bkw1ARg2G_290x290__1.jpg "data-small =" https://images.clarin.com/2018/04/14/Bkw1ARg2G_110x110__1.jpg” observer=”” data-observer-function=”loadLazyImg”/>
