if Lula: STF is the only alternative to avoid prison

Coming soon, the PT leader may be required to serve the sentence of 12 years and one month for his conviction for crimes of corruption and money laundering in the case of triplex Guaruja.
09/03/2018 14h53 - Updated 12/03/2018 15h10
Photo: reproduction

After the Fifth Chamber of the Superior Court unanimously denied habeas corpus, the last hope of defense of former President Luiz Inacio Lula to avoid arrest in the hands of the Supreme Court (STF). Coming soon, the PT leader may be required to serve the sentence of 12 years and one month for his conviction for crimes of corruption and money laundering in the case of triplex Guaruja.

The expectation is that the Federal Regional Court of the 4th Region (TRF-4), that in the second instance ordered Lula, judge the appeal of defense later this month.

If the TRF-4 and STJ the outlook is unfavorable, Supreme in the situation is not much different. There is no prediction that the highest court of the country to discuss the issue of prison after conviction on appeal.

In January, the chief justice, Minister Carmen Lucia said to use the case of the former president to reopen discussions on the execution of sentence on conviction on appeal would "belittle" the court.

She did not set or when, nor will abide in plenary judgment of the request for Lula's defense of habeas corpus. A month ago, the rapporteur of the Lava Jato, minister Edson Fachin, He referred the case to the plenary.

By internal STF Regiment, Fachin could force the plenary session for the trial of habeas corpus, without relying on a decision of Carmen Lucia. He did not because he wants the president first schedule the trial of two actions that discuss the arrest of convicted on appeal and not deal with any specific case. This is the same understanding of the majority of ministers.

The pressure STF ministers to Carmen Lucia soon Paute these actions and, in sequence, Lula's habeas corpus, grows every day. Part of the resistance to it schedule the retrial is that her position, that persons convicted in the second instance may be trapped, is defeated.

Besides trying to avoid jail, Lula's defense also wanted the court to depart your "ineligibility", that is, the framework of the former president in the Clean Record Law to have been convicted. The defense argued that Lula leads the polls of voting intention for the presidential election of October, but failed to sensitize ministers.

No TRF-4, the rapporteur, Gebran Net, You do not have time to judge. However, so complete your vote will lead to the appreciation of the other two judges of the 8th Class. If the three judges decide to deny the embargoes of former president, the effects of Lula's condemnation become valid. In this case, it is up to the TRF-4 officiating Judge Sergio Moro to determine the execution of the sentence.


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