Judge denies permission for Lula grant interviews in prison

in the decision, the magistrate said that Lula is ineligible due to the conviction in the process of triplex apartment Guaruja (SP).
11/07/2018 17h28 - Updated 11/07/2018 17h28
Photo: reproduction

André Richter – Agency Brazil

A federal juíza Carolina Lebbos, da 12ª Vara Federal de Curitiba, denied today (11) the application for authorization requested by media outlets that the former President Luiz Inacio Lula da Silva grant interviews. in the decision, the magistrate found that the legislation does not provide for the right of prisoners to grant interviews and said that Lula is ineligible due to the conviction in the process of triplex apartment Guaruja (SP).

Lula is stuck in the Superintendence of the Federal Police in Curitiba since the day 7 of April, by order of the judge Sergio Moro, who ordered the provisional execution of the sentence of 12 years and one month in prison for the crimes of corruption and money laundering. The arrest was carried out based on the decision of the Supreme Court that authorized arrests after the end of the resources in the second instance of Justice.

In deciding the case, Carolina Lebbos understood that the legislation does not provide the absolute right of a prisoner to grant interviews. "The prisoner undergoes legal regime, not being possible, for reasons inherent in imprisonment, assure you right in the range of those exercised by citizens in full enjoyment of his freedom ", He understood the judge.

second Carolina, conducting interviews could disrupt the Superintendency of PF. "Also, obviously authorization of such a nature would change the routine penalty enforcement spot, requiring the allocation of staff and resources to preserve the security and supervision of the execution regularity ", he argued.

in the decision, the magistrate also said that the quality of pre-candidate for the presidency of Lula's Republic not “It has the power to mitigate” the pain of compliance with rules. The magistrate pointed out that Lula was sentenced for the second instance of the Justice and, according to the Clean Record Law, it is ineligible. The argument was used by the defense to demonstrate in favor of the authorization of the interviews.

“As stated, the run is serving due to conviction for offenses of bribery and money laundering, confirmed by the 8th Chamber of the Federal Regional Court of the 4th Region. Therefore, the case in fully subsume the legal case, in the case of ineligibility situation”, he said.

Lula's defense has called for interviews and said he keeps all his political rights “resulting from improper anticipation of his sentence”. According to lawyers, to be pre-candidate, former president should “receive treatment consistent with the situation. In their understanding, Lula should be sabatinado as the other candidates.

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