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Lula loses another legal battle: appeals court blocks his release from jail

Monday, July 9th 2018 - 07:24 UTC
Full article 7 comments
Polls suggest the leftist icon, who is in prison for bribery, could win a third term if he entered the race Polls suggest the leftist icon, who is in prison for bribery, could win a third term if he entered the race
Brazilian electoral law forbids politicians from running for office within eight years of being found guilty of a crime. Brazilian electoral law forbids politicians from running for office within eight years of being found guilty of a crime.
Appeals court judge Rogerio Favreto, was Justice Ministry under Lula ruled the ex president should have the same conditions to campaign as other candidates Appeals court judge Rogerio Favreto, was Justice Ministry under Lula ruled the ex president should have the same conditions to campaign as other candidates
The chief justice of TRF-4 appeals court, Carlos Thompson Flores, granted a request from prosecutors to keep Lula in prison, blocking Favreto’s ruling. The chief justice of TRF-4 appeals court, Carlos Thompson Flores, granted a request from prosecutors to keep Lula in prison, blocking Favreto’s ruling.

The chief justice of a Brazilian appeals court blocked another judge’s efforts to release imprisoned former president Luiz Inacio Lula da Silva on Sunday, in a legal battle over the country’s most popular politician ahead of an October election.

 Polls suggest the leftist icon, who is in prison for bribery, could win a third term if he entered the race, but Brazilian electoral law forbids politicians from running for office within eight years of being found guilty of a crime.

Still, an electoral court may not issue a final ruling barring Lula from the presidential contest until next month, creating a cloud of uncertainty hanging over the campaign. Sunday’s legal back-and-forth may encourage supporters holding out hope that he can still return to unite Brazil’s left.

Appeals court judge Rogerio Favreto, who served in the Justice Ministry under Lula and was appointed by his handpicked successor, ruled earlier on Sunday that the former president should have the same conditions to campaign as other candidates.

However, the chief justice of the TRF-4 appeals court, Carlos Eduardo Thompson Flores, granted a request from prosecutors to keep Lula in prison, blocking Favreto’s ruling.

The former president is serving time for taking bribes from an engineering firm in return for help landing contracts with a state firm. He faces another six trials for other corruption allegations. Lula has denied any wrongdoing.

In polling scenarios including Lula in the race, he wins more than twice the support of his nearest challenger. When he is left out, a third of respondents say they would spoil their ballots or leave them blank.

That has made it harder for leftist candidates such as former Ceara Governor Ciro Gomes to build momentum in a highly fragmented field.

Support for former Sao Paulo Mayor Fernando Haddad would more than triple with Lula’s backing, lifting him to second in the race, according to a survey last month.

Categories: Politics, Brazil.

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  • :o))

    REF: “Appeals court judge Rogerio Favreto, was Justice Ministry under Lula ruled the ex-president should have the same conditions to campaign as other candidates”:
    Obviously:
    https://www.otempo.com.br/image/contentid/policy:1.1997973:1531096839/CHARGE%20O%20TEMPO.JPG?f=3x2&w=620&$p$f$w=ac4ac92

    Jul 09th, 2018 - 09:27 am +1
  • Jack Bauer

    @EM
    The decision of Favreto (just another fanatical ‘petista’ who served in Lula’s govts, and was affiliated to the PT for 19 years), or his pathetic “effort” to release Lula, was totally illegal…

    What the president of the STJ (Court above the TRF-4) wrote in her decision (to keep Lula in prison) is very clear - (free translation) : ”The unusual and teratologic (grossly absurd) decision, in flagrant disrespect of the collegiate decision by the TRF of the 4th Region (Porto Alegre), ratified by the STJ and by the plenary of the STF (Supreme Federal Court), tried to “construct” a “new fact”, which besides bringing nothing new to the argument – because the pleader’s status of “pre-candidate” has long been public and notorious - by no means constitutes a relevant judicial fact, to merit the re-examination of the prison order. It is painfully obvious that the mere manifestation of the intention to run for public office, has absolutely no bearing on the legality of incarceration, especially when, as in this case, the question has been examined and decided in all instances of the Judiciary”.

    Besides this, one of the more respected ex-presidents of the STF, Carlos Velloso, also considered ”this decision (of Favreto’s) teratologic. The court that sentenced Lula was the TRF-4, and this 'Habeas Corpus' now requested of a substitute judge of the same court goes against a decision of the court, and is therefore completely inconceivable”.

    Reekie, once again you demonstrate how little you understand of Brazlian judicial process, basing your arguments on wishful thinking. I could go further, transcribing declarations of other prominent jurists for your better comprehension, but it would be a waste of my time.

    Do not worry, there was no scare, just another short-lived, pathetic attempt by the PT to affront the institutions - and they failed miserably. Your attempts to ridicule judges whom you call “vacationers”, will get you nowhere. Lula, after all, IS a filthy criminal.

    Jul 11th, 2018 - 03:56 am 0
  • :o))

    In ANY democracy; it is the fundamental RIGHT to elect your own favorite racketeer to legalize all sorts of crimes:
    http://static.psdb.org.br/wp-content/uploads/sites/43/2017/02/24133157/charge-democracia-petista-1024x684.jpg

    Jul 12th, 2018 - 10:08 am 0
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