Judgment on Lula prison will start on 4 of May

The case will be analyzed electronically by the Second Panel of the STF.
25/04/2018 16h49 - Updated 25/04/2018 16h49
Photo: reproduction

André Richter – Agency Brazil

The virtual trial that will examine the use of former President Luiz Inacio Lula da Silva in the Supreme Court (STF) to leave the prison starts on 4 of May. in action, Lula's defense intends to overturn the decision of the federal judge Sergio Moro, which ordered the provisional execution of the sentence of 12 years in prison in the criminal case of the triplex Guaruja (SP). Earlier this week, the case of the rapporteur, Minister Edson Fachin determined that the appeal should be dismissed electronically.

Starting from 18h day 4 May, It will open a period of a week that the Second Panel of ministers from entering the system and can cast their votes. Ended the period, at midnight of the day 10 of May, the outcome of the trial will be published. In this way, there will be face meeting to hear the case. If all collegiate ministers to enter their votes before the day 10, the result may be published before the deadline.

Generally, the virtual trial is used for decisions that have great impact and have settled case law. However, Fachin the measure was seen inside the courtroom as a way to gain time. Most members of the Second Panel is against the understanding authorizing the prison after the second instance of Justice.

With the exception of Fachin, the Gilmar Mendes ministers, Celso de Mello, Ricardo Lewandowski and Dias Toffoli were against the measure in other trials on the same topic, including habeas corpus in which the Court denied request for Lula not to be trapped, in the beginning of the month.

in the complaint, Lula's defense maintains that Moro could not have run off because there was no depletion of resources in the Federal Regional Court of the 4th Region (TRF), second instance of the Federal Court. For lawyers, the decision of the Supreme authorizing the arrests after the second instance, in 2016, It should be applied only after the final judgment in TRF4. The lawyers also claim that the former president may wait for the freedom to all possible resources in court.

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