Luiz Inacio Lula da Silva's defense Wednesday morning addressed the federal Supreme Court (STF) against a decision refusing the former president's request to attend the funeral of his brother Genival Inacio da Silva.
Vaiva, as she was known, died yesterday morning (29), at the age of 79. The decision to release Lula at the outset is made by Minister Diaz Topoli, President of the Court and responsible for the duty of a court.
Former President Louise Inacio Lula da Silva – Photo: Reproduction
Lula has been jailed in the Federal Police Oversight Unit in Curitiba since April 2018. He was convicted in the first and second cases of justice in the case of the Guaruja (SP) triplex for passive corruption and money laundering.
On Tuesday night, the judge in charge of executing Lula's sentence, Caroline Lebbos, denied the request of the former president. The judge followed a demonstration by the Federal Police and the Public Prosecutor's Office that there was not enough time for the transport logistics of the former president to be held in time for the late burial of her brother.
According to a request submitted to STF, the funeral is held on Tuesday, and the funeral will be held on Wednesday (30) at 13:00 in Sao Bernardo do Campo, Sao Paulo.
The lawyers also appealed to TRF-4, and Judge Leandro Paulen confirmed the judge's sentence at the end of the morning. The defense then went to PU.
In a petition filed with the Supreme Court, the defense argues that the Criminal Law Act provides for a "humanitarian right" for the former president to attend the funeral.
According to norms, convicts serving prison sentences or semi-open regimes and temporary prisoners may be granted leave to leave the prison, provided they are accompanied, when there is death or serious illness of a spouse, companion, ascendant, descendant or brother or sister.
"It is impossible for the Brazilian citizens to cover the dead letter in the sense of consecutive considerations, based on the bureaucratic basis for reserving the possible or preserving public order, especially when such issues can be easily solved," the defense says.
The former president's lawyers still claimed that they were even arrested during a military dictatorship in 1980, Lula was allowed to attend his mother's riot, Euridis Ferreira Melo, Donna Lyndu.
"Now, one observes, a political prisoner at that time had the right to protect himself from attending his mother's funeral ceremonies; in a similar situation (at least to say), he must be able to use the same right in the case of funeral ceremonies brother, especially now that the law clearly guarantees this guarantee, "the lawyers said.