TRF4 will judge Lula embargoes if triplex in the second (26)Judgment is crucial to the future of former president, which can be arrested after decision.
The Federal Regional Court of the 4th Region (TRF4) will judge the embargo of former President Luiz Inacio Lula da Silva statement on Monday (26) at 13.30. Judgment is decisive for the former president, which can be arrested after decision.
In January, 8th Class of TRF4 raised the penalty for Lula 12 years and 1 month for corruption and money laundering in the case related to a triplex in Guaruja (SP). The trial of requests for clarification, to challenge the default judgment, Dark or contradiction, The last step is the case in the second instance.
As the decision will be made by the same judges who gave setença January, it is unlikely that they welcome them such questions. If embargoes are rejected, the clock starts running against Lula - at least for now.
This is because according to the current understanding of the Supreme Court, If that happen, the former president can start serving the sentence as soon as the decision is proclaimed. (Understand: which is after the 2nd instance prison? And res judicata?)
Hence the importance of the Supreme Court session Wednesday (21) for the future of PT. Yesterday, Minister Marco Aurélio Mello indicated that it could present a point of order in court to the President of the Court, Carmen Lucia, Paute trial prison after convictions in 2nd instance - an issue that split the Supreme.
The court's president resists resume theme analysis, which has already been tried twice for the plenary. But the pressure on it has intensified in recent days and the eventual point of order is the culmination of that.
According to the internal regulations of the Supreme Court, Carmen Lucia might react in three ways to a point of order: deny it; answer there (marking the trial date, in this case); or send the matter to be enjoyed by all ministers in the plenary.
If the matter is discussed by the magistrates and understanding change, Lula can respond freely to the case until all the resources at all levels are depleted.
Out of prison, he could concentrate forces for the next battle: ensure their participation in elections 2018 - the Clean Record Law, the conviction in the second instance become ineligible.