Brazilian Supreme Court rejects Lula's appeal. Lula sentence is "clearly political and unlawful".


The majority of the judges of the Federal Supreme Court of Brazil denied the writ of habeas corpus (petition to assess the legality of an arrest) presented by former President Luiz Inácio Lula da Silva (2003-2011), who from now on could enter prison.

The left-wing president was sentenced last January to 12 years and one-month imprisonment in the second instance by the Federal Regional Court of the 4th region, for alleged crimes of corruption and money laundering, and in the coming days, justice may decree his in Immediately in prison.

Judges Edson Fachin, Alexandre de Moraes, Luís Roberto Barroso, Rosa Weber and Luiz Fux rejected Lula's request and were favorable to maintaining what the Supreme Court had already decided two years ago; that a conviction in the second instance is enough to enter prison.
Astro Wiki Luiz Inácio Lula da Silva

Judges Gilmar Mendes, Dias Toffoli, Ricardo Lewandowski, Marco Aurélio Mello and Celso de Mello, on the other hand, defended that the penalty begins to be fulfilled after the analysis of the resources by a higher instance, the High Court of Justice.

After more than ten hours of the session, the President of the Court came to the tie, and so that there were no "questions ", he asked his colleagues to the protocol to vote if he could vote. Most gave him permission and finally, Antunes rejected Lula's recourse.

He began by saying that the matter about the moment of execution of the sentence and the presumption of innocence is "really very sensitive", but that he did not change his point of view since 2009 when he was already in favor of a prisoner going to jail afterwards. of a conviction in second instance.

The President of the Supreme Court assured that there is no "rupture or confrontation" at the principle of presumption of innocence and that sentencing after a trial in the second instance is not unconstitutional.

Even though the Supreme Court has already given the green light for Lula's incarceration, it is likely that Lula will not happen immediately, but in a few days, since until next Tuesday, 10 April, the TRF-4, which sentenced Lula to the second instance, has a deadline to respond to a new defense.

It is a formalism that will not affect the decision of the Supreme Court, but several jurists affirmed that it is unlikely that the Lava Jato Sérgio Moro judge (who will order Lula's entry into prison) will skip this formal deadline and order the arrest urgently.

Lula has accumulated several processes within the framework of Operation Lava Jato, but at the moment he is being sentenced for allegedly irregularly receiving a luxury apartment in the coastal town of Guarujá (Sao Paulo state, southeast).