The Supreme Court's (WTC) ruling that the second-degree arrest was illegal paved the way for former President Luiz Inacio Lula da Silva (PT) to leave prison Friday (8). But he can still be returned to prison. And who decides this will be the WTC itself, which will have to judge the triplex process. However, the Supreme Leader often takes time to appreciate such cases.
The petitioner was arrested in April 2018 after being convicted by the Federal District Court of the 4th District (TRC4) in the "Guruji" triplex case – second-degree Lava Chateau. The case was also tried by a third court: the Supreme Court of Justice (SPJ), which reduced the sentence to 15 to 8 years and 10 months in prison. The defense of the 15th submitted a draft statement (an appeal requesting an explanation of the terms of the SOC decision). This trait has yet to be assessed and is not predicted when it will occur.
After analyzing the embargoes, which do not change the Supreme Court's decision, the triplex process has yet to be tried by the Supreme Court. In addition to this ruling, Lula's defense may also appeal the Supreme Court's own decision. Only then would the case be "res judicata" and, if conviction was upheld, Lula would have to return to prison to serve her sentence. The time he spent in jail in Curitiba will be deducted from what remains to be done.
Since he is already entitled to a semi-open regime, Lula may not be re-imprisoned unless the WTO increases the sentence imposed on the SPC by a fifth. Even if he did not return to prison, the former president could face precautions, such as house arrest and wearing an electronic ankle.
Decisions in the Supreme, however, usually take time. Late last month, Minister Edson Hachin, a reporter for Lava Chateau, ordered the arrest of the first politician with a privileged forum convicted by Lava Chateau at the WTC: former federal MP Nelson Moorer (PP-PR). He was convicted by the WTC in May 2018 – four years after the outbreak of the Lava Chateau.
Lula asks Moro's doubt
In addition to appeals against the conviction in the Triplex case pending before the SOC, Lula's defense is also seeking to set aside anti-heist proceedings in other claims before the SOC. One is what calls for former federal judge Sergio Moreau to be suspected and to cancel the process of his apartment in Guarush. The defense argues that Moreau was partial and acted politically in the conduct of the case. If this appeal is upheld by the Supreme Court, the entire procedure is quashed, including a third-instance conviction. In this case, Lula would be even further from returning to prison in the event of a final conviction.
Moreau's request for suspicion was filed by Lula's defense in 2018, and is due to start at the end of the year. But that was cut short by a request for views from Minister Gilmar Mendes.
The case was resumed in the WTC Second Class last session before the June break. Because of his widespread vote, Gilmar Mendes has indicated that the gang will issue a ban on Lula's release until they are finally tried on the merits. The result was 3-for-2 against the assignment of a corps to Jabba. Minister Celso de Mello, who voted against the provision, clarified that his vote on the merits of the case could be different, indicating that he could overrule Lula's result when the case went ahead.
Lula's defense also filed with the Habeas Corps in the Supreme Court demanding that Lava Chateau prosecutors be found suspected of prosecuting former President Lula, as well as overturning the conviction of a fifth in the "triplex" case. Guarawas
Other processes of Lava Chateau
Lula responds to two more processes arising from the Lava Chateau Curitiba. The Atibaya venue case is already due to be heard by the 4th District Federal District Court (TRF4): November 27. Lula was sentenced to 12 years and 11 months in prison in the first instance, but judges can overturn the sentence and order the case to be returned to the final stage of the indictment. The MOC has set out a request to comply with the WTC precedent, which overturned two convictions for Lava Chateau because of the order to deliver the documents.
The MP also responds to a case pending in the first place over the purchase of Oedebrecht's real estate. The case has not yet been assessed in the first instance.
Lula is also suing two other lawsuits for the Lava Chateau in Curitiba, as well as other actions in the Federal Court in Brazil.