Brazilian judge decides to keep da Silva in prison after a dispute

SAO PAULO – The president of a Brazilian court of appeal whose judges issued contradictory decisions Sunday on the question of whether the former president Luiz Inacio Lula da Silva should be released later in the day

The service judge of the Fourth Federal Regional Court began the day by ordering Da Silva to be released Sunday morning. This triggered a dramatic back-and-forth during the day, with one judge refusing to follow the order and another contradicting it.

The dispute underscored the extent to which Da Silva's imprisonment had become contentious in Brazil. one is above the law and others believe that the charges against the former president were fabricated to prevent him from standing for re-election

. took place in the city of Curitiba in the southeast. The atmosphere was festive when they waved flags of the Workers' Party of Silva or a drawing of his face shouting "Free Lula!" Several hundred people also gathered in Rio de Janeiro to demand the release of Da Silva

Judge Carlos Eduardo Flores Thompson Lenz intervened in an effort to resolve the dispute and decided that da Silva should remain in prison. Two analysts said this should solve the problem – at least for the moment. The defense can still appeal to a higher court, and Sunday's chaos has shown that Brazilian law is open to interpretation and maneuvering.

Da Silva's lawyers said in a statement that they would use all legal means, in court proceedings and before the UN Commission on Human Rights, to reinforce the fact that the The fundamental right of the former president to a fair, impartial and independent trial has been permanently violated and his imprisonment is incompatible with the rule of law. 19659011] Maristela Basso, a professor of international and comparative law at the University of Sao Paulo, said that the initial decision of the service judge appeared "more political than judicial", but that she could increase the pressure on the Supreme Court to finally release Da Silva. There is a petition demanding the release of Da Silva pending before the highest court of the country, currently on vacation.

Da Silva served a 12-year prison term in April for a corruption case related to the country's massive corruption. probe. He denies the wrongdoing, and his lawyers argued that he should not have been imprisoned until all his appeals had been exhausted. They have filed several petitions for his release that have been rejected until here.

But early Sunday, Favreto ordered his release. He said that the imprisonment deprived da da Silva of two fundamental rights: his freedom as a private citizen while he waited for a final decision of the court of appeal and his ability to present himself actually in the presidential elections of October. Da Silva has said repeatedly that he remains a candidate for reelection, and he conducts polls.

But the judge who initially sentenced Da Silva, Judge Sergio Moro, responded by ordering the police to suspend the release order. Favreto responded by ordering the police to act on his order. Then Judge Joao Pedro Gebran Neto, who is the judge in charge of the Da Silva case before the Federal Regional Court, intervened and ordered that Da Silva be kept in prison. Favreto responded with another release order

The stalemate continued for hours. The federal police, which holds Da Silva, remained silent while the lawyers discussed on television what the judge's decision should prevail.

Finally, Thompson Flores ruled against da Silva.

"The president of the court has the power to decide point," said Luis Claudio Martins de Araujo, professor of constitutional law at IBMEC University. "He will not return to the service judge."

Celso Vilardi, an expert in criminal law and a professor at the University Fundacao Getulio Vargas, agree.

But de Araujo said the defense was likely to appeal to a higher court. It was not clear when this could happen and how it would unfold.

"The question is very polarized," he said. "It is a judicial but perhaps also political issue "

Last year, da Silva was found guilty of trafficking favors with a construction company in exchange for the promise of an apartment by the sea.

Corruption investigation into prosecutors have alleged that the Government of Brazil has been effective It has been co-opted for years, with politicians distributing favors and state contracts in exchange for bribes and campaign contributions. The investigation shook the Brazilian political system and put dozens of powerful people in jail, including some of the richest men in the country.

The conviction of Da Silva was confirmed by the Regional Court in January. The former president is also facing several other accusations of corruption.

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