Lula's judgment on appeal may take about a yearthe judges, based in Porto Alegre, They have taken on average one year to adjudicate cases operation.
The 8th Panel of the Federal Regional Court of the 4th Region (TRF4), responsible for the processes of Operation Lava Jato, judge on appeal the process that led yesterday (12) the conviction of former President Luiz Inacio Lula da Silva. the judges, based in Porto Alegre, They have taken on average one year to adjudicate cases operation.
If convicted on appeal to 15 that comes in August of the year, when it ends the deadline for registration of candidates at the Superior Electoral Court (TSE), Lula can not run for elective office. This is because the Moro sentence provides that Lula be restricted to the position of exercise or civil service by 19 years, If the decision is confirmed by the judges. former President allies have claimed that the decision aims to derail his candidacy for the presidency in 2018.
Procedure and deadlines
Judge Sergio Moro, the 13th Federal Court of Curitiba, stipulated penalty 9 years in prison and determined that Lula may respond in freedom to the appeal stage. The result of the judgment at first instance was communicated to the parties by way of summons published in the electronic system of the Paraná Federal Court (Jfpr).
Lula's lawyers have ten days to open the subpoena. From then on, passes the new term of five days for the defense to appeal against.
At first, the appeal shall be received by the trial judge himself, Sergio Moro, that will make a technical assessment of the piece and to transmit the court. No TRF4, processes are referred to 8th Class, composed of federal judges João Pedro Neto Gebran, Paulsen and Victor Leandro Luiz dos Santos Laus. Arriving in court, actions are open to views of the Federal Prosecutor, responsible for prosecution, which can generate resources from the defense arguments.
No role of rapporteur, Gebran will be responsible for analyzing the process and Lula, then, report and its decision regarding the case Paulsen, reviewer of the 8th Class. When this is finished PROCESSING, a trial date will be scheduled.
Paulsen and Laus may accompany or disagree with the rapporteur's vote. If the 8th Group of the decision is contrary to Lula's defense order, lawyers can enter new feature. If the decision is unanimous collegiate, ends the judgment on appeal.
The judges of the 8th Class will vote for Lula's acquittal, the confirmation of Moro sentence or by changing the sentence more or less.
Since the outbreak of Operation Lava Jet, the TRF4 concluded the judgment of 12 appeals against 48 judgments in the first instance.
Until now, the court acquitted five people who had been convicted of Moro - including former PT treasurer, Joao Vaccari Neto, in one of the processes that responds in Lava Jet. He had been sentenced to 15 years and 4 months in prison, but the 8th Class understood that the sentence in the first instance was based on statements that have not been proven with other evidence.
The TRF4 kept, still, ten convictions of the 13th Vara. Eight defendants had the sentence reduced and 16 had the sentence increased by the Court.
The 8th Class currently with 16 appeals arising from the pending Lava jet for trial. these, seven are already under review reviewer. Three other appeals have recently been registered and are still in the initial processing stage.