The decision of the Supreme Court (STF), taken on Thursday (7), to overturn prison on appeal, one of the most anticipated of recent years, It has the potential to benefit about five thousand prisoners, according to the National Council of Justice (CNJ), including the most famous of them, former President Luiz Inacio Lula da Silva (PT), imprisoned since April 2018 by triplex case of Guaruja (SP). Brazil has, not complete, approximately 800 thousand prisoners.
Under the Lava Jato, others 12 condemned in the second instance may, in theory, be released -among them the former minister José Dirceu and former executives of contractors as Gerson Almada, Engevix. The releases will not be immediate. Each case should be examined by the responsible judge.
Thursday, with the session by half, Toffoli anticipated the question of Lula and wanted to note that the Supreme Court was not acting on the PT or the release would be responsible for it-though freedom can be a consequence of the judgment.
"It's good to note that the task force Curitiba, led by attorney Deltan Dallagnol, its opinion and asked regime progression of the sentence of former President Lula. That is, Curitiba's own task force, he [Lula] should be locked out of the system. No longer is this Supreme Being who will be deciding [about to ease]”, said.
What was at issue was the constitutionality of Article 283 the Criminal Procedure Code, that says, due to conviction, no one can be arrested unless there is "damning final judgment" -that is, when it does not fit more feature.