TRF4 denies request to seize Lula passport

The decision contrasts with an injunction issued yesterday (25) by the Federal Court in Brasilia, authorizing the retention of the document.
26/01/2018 16h32 - Updated 27/01/2018 15h11
Photo: reproduction

André Richter - Brazil Agency

The judge João Pedro Neto Gebran, the Federal Regional Court of the 4th Region (TRF4), in Porto Alegre, denied today (26) request by three lawyers to seize the passport of former President Luiz Inacio Lula da Silva and prevent him from leaving the country. The decision contrasts with an injunction issued yesterday (25) by the Federal Court in Brasilia, authorizing the retention of the document.

By analyzing the case, the magistrate understood that only the Federal Public Ministry (MPF), the Federal Police or other parts of the case could make the request.

Gebran also considered the request "unusual". "Even from the perspective of unusual request for restriction of legal establishment, or even the alleged representation on behalf of Brazilian society, there is no way to give you traffic ", said Judge.

Yesterday (25), based on a request made by the Federal Public Ministry in the Federal District, Federal Judge Ricardo Leite, da 10ª Vara Federal, determined the retention of the former president's passport and banned from leaving the country.

The judge held that the journey that the former president would do today to Ethiopia to attend a United Nations event for Food and Agriculture (FAO) could bring risks for investigation, as fleeing the country.

One of the factors that led to the granting of the injunction was the decision of the TRF-4 that, this week, Lula confirmed the conviction in the criminal case involving the triplex in Guaruja (SP) and increased the penalty for the former president 12 years and one month in prison.

In light of the decision, the passport of former President was delivered by his defense this morning by the Superintendent of the Federal Police in Sao Paulo.

The lawyer Cristiano Zanin ranked improper determination of delivery of the passport and said it will take appropriate legal action to reverse the decision. "It is a restriction of the right of movement of former President Lula, which is not justified ", said. "We are complying with the decision under protest, but we believe that it will be reversed ", said.


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