Brazil: ex-president Luiz Inácio Lula da Silva remains in custody – SPIEGEL ONLINE
Power struggle of several judges
Brazil’s ex-president Lula remains in custody
A Brazilian judge ordered the release of ex-President Lula, another condemned, the first did not accept this. Now the court president has ended the competence jog with a power word.
Luiz Inacio Lula da Silva (March 2018)
Legal scramble for the Brazilian ex-president Luiz Inacio Lula da Silva After a federal judge had ordered the immediate release of the 72-year-old in Porto Alegre, the president of the court on Sunday stopped the provisional dismissal of the former head of state again. Court President Thompson Flores ended an hour-long division of authority between several judges. The local media spoke of “legal anarchy”.
The legal back and forth at a glance:
First had Rogério Favreto , Federal judge from Porto Alegre, granted an application for interim injunction and Lula’s release was arranged from the prison in Curitiba , There is no legal basis for his detention and Lula can await the appeal against his verdict in freedom, it said in his decision. Several members of Lula’s left-wing Labor Party had filed an injunction on Friday night when the on-call service of the party’s well-intentioned judge, Favreto, began. When the lawyer granted the application on Sunday morning, Lula’s followers were already celebrating their victory.
What followed was a legal exchange: first came forward Sergio Moro to word, the criminal judge in the Federal Court in Curitiba, who had condemned Lula. The court in Porto Alegre does not have the necessary competence to suspend the prison sentence against the ex-president, he said.
The judge responsible for the trial João Gebran Neto then cashed the dismissal of Brazil’s most prominent detainee immediately. The police should not release Lula, until he examined the case, the lawyer decided ,
Favreto wrote another decision and ordered the police to release Lula within an hour.
There was a court president Thompson Flores on. He decided that the competence was with the competent judge Gebran. Lula stays behind bars. Members of his Labor Party then spoke of “deprivation of liberty.” The group lawyers for democracy filed criminal charges against Judge Moro.
The power struggle of the judges has a decisive influence on the political future Brazil , Lula wants to run again in the election in October for the highest state office. He is clearly ahead in the polls. In second place is the ultra-right ex-military Jair Bolsonaro.
Lula has been serving one since the beginning of April twelve-year imprisonment for corruption , He is said to have accepted the renovation of a luxury apartment from a construction company. Lula rejects the allegations. He sees himself as a victim of a conspiracy of right-wing politicians, the judiciary and the media and describes himself as a political prisoner.
aar / dpa
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