Raquel Dodge defends Lula prison in complaint process in the Supreme CourtLula after being arrested on the last day 7, his lawyers filed a complaint in the Supreme Court, claiming that the TRF4) erred in not wait for the end of the procedure.
The Attorney General of the Republic, Raquel Dodge, again defended, in manifestation sent yesterday (18) the Supreme Court (STF), the execution of the prison sentence of former President Luis Inacio Lula da Silva, that is questioning target defense in court.
Lula after being arrested on the last day 7, his lawyers filed a complaint in the Supreme Court, claiming that the Federal Regional Court of the 4th Region (TRF4) erred in not wait for the end of the procedure in the second instance before authorizing the execution of the sentence of 12 years and one month which the former president was convicted of the crime of accepting bribes and money laundering, in the case of the triplex of Guaruja (SP).
Raquel Dodge countered the arguments, stating that "make no sense from a legal point of view". For her, not left the Lula any further appeal in the second instance can suspend the effects of condemnation, why the arrest of the former president was cool.
A few hours after the Supreme Court denied a preventive habeas corpus Lula on trial closed early on the last day 5, the TRF4 issued a letter communicating the results to the federal judge Sergio Moro, responsible for judgment in the first instance, and authorizing him to issue the arrest warrant, which was then issued by the magistrate soon after.
The defense wants the arrest is illegal on the grounds that the TRF4 should have awaited the judgment of requests for clarification filed against the decision of March that denied Lula the first amendment of judgment in the second instance. These embargoes embargoes were tried only yesterday (18), more than ten days after arrest.
In addition to the embargoes of embargoes, lawyers argued that TRF4 should also have anticipated, before allowing the penalty of execution, the examination of the admissibility of special and extraordinary features that are intended to file against conviction. Such appeals are aimed at higher levels, but they must first be analyzed by the second instance.
Raquel Dodge argued that such special and extraordinary appeals also have suspensory effect. "In other words, these resources to the higher courts do not prevent the damning judgment produces its own natural effect, as the immediate execution of the sentence imposed on him ", He wrote Attorney General of the Republic.
Lula's defense of the claim has already been rejected by the Minister-rapporteur, Edson Fachin, but lawyers filed a new appeal against this rejection, call grievance regimental, and must be examined by the other ministers of the STF. The manifestation of PGR asks the denial of this grievance.
The claim of action used by the defense of former President, according to the Supreme Court explanation, It is a legal instrument with constitutional status which aims to preserve the power of his decisions. One hypothesis of the appropriateness occurs when the Supreme decisions are disregarded or not enforced by judicial or administrative authorities.