Show Menu
Brasil de Fato
PORTUGUESE
Listen to BdF Radio
  • Support
  • Podcasts
  • TV BDF
  • |
  • Politics
  • Brazil
  • BRICS
  • Climate
  • Struggles
  • Opinion
  • Interviews
  • Culture
No Result
View All Result
Show Menu
Brasil de Fato
  • Support
  • Podcasts
  • TV BDF
  • |
  • Politics
  • Brazil
  • BRICS
  • Climate
  • Struggles
  • Opinion
  • Interviews
  • Culture
Show Menu
Listen to BdF Radio
No Result
View All Result
Brasil de Fato
Home English Brazil

BRAZIL

What the Supreme Court justice’s decision that may free Lula could mean

Brazilian justice ruled that prisoners jailed before exhausting all appeals should be released

19.Dec.2018 às 17h36
Brasília
Rafael Tatemoto
Justice’s preliminary decision overturns prison sentences while cases are still pending appeal

Justice’s preliminary decision overturns prison sentences while cases are still pending appeal - Evaristo Sa / AFP

Brazil’s Supreme Court justice Marco Aurélio Mello issued a preliminary ruling this Wednesday that may free prisoners jailed before the end of their appeals processes. With the decision, in favor of the direct action for the declaration of constitutionality (ADC) 54, Brazil’s ex-president Luiz Inácio Lula da Silva may be released, as well as hundreds of thousands of prisoners that did not exhaust all appeals.

The ADC was filed by the Communist Party of Brazil (PCdoB), which requested the Supreme Court to rule on an article of Brazil’s Penal Law, which establishes that “no one can be jailed except if they are caught in the act or if the competent legal authority issues a written, well-reasoned order, in case of final and unappealable judgment, or if a preventive or temporary detention order is issued during the investigation or trial.”

Today’s decision reverses a 2016 majority opinion of the Supreme Court regarding item 57 of article 5 in Brazil’s Constitution, which reads “no one shall be considered guilty until their sentence is final and unappealable.” Based on the previous ruling by the country’s top court, convicts could start serving prison sentences after their conviction was upheld by one appeals court.

Brasil de Fato interviewed Beatriz Vargas, a Law professor at the University of Brasília, to understand what could actually happen after justice Marco Aurélio Mello’s decision. The scholar said the ruling “restores constitutional order,” but celebrating it will only be possible after the decision is complied with.

Automatic freedom?

As it is an action for the declaration of constitutionality, Vargas explains, there is no release order. That means prisoners will have to file appeals with their local trial courts based on Marco Aurélio Mello’s ruling. In Lula’s case, his defense team has already filed a plea to free the former president.

Overturning the injunction

One question that emerged with Marco Aurélio Mello’s decision is whether chief justice Dias Toffoli could overturn the preliminary injunction. While Vargas argues that that would not be the ideal procedure, as the best method to settle divergent opinions is through the panels of the Supreme Court, she does not rules out this possibility.

The Federal Attorney General’s Office has already filed an appeal with the Supreme Court chief justice Dias Toffoli to overturn Mello’s ruling.

Preventive Detention

Prisoners who are in pretrial detention cannot benefit from Marco Aurélio Mello’s decision. That could become an obstacle to Lula’s freedom, as his prison sentence could be turned into a preventive detention. That would be an attempt, Vargas said, to stop ex-president Lula’s from being released. “Let us be watchful of the possible arguments [that may arise]. Strictly speaking, there is no reason [to stop Lula from being released],” the scholar said.

Edited by: Pedro Ribeiro Nogueira
loader
BdF Newsletter
I have read and agree to the terms of use and privacy policy.

More News

PKK GROUP

Kurdish PKK group to disband, ending 40-year armed struggle with Türkiye

FOOD PRICES

Why food prices skyrocket in Brazil, although crops increase?

VIJAY PRASHAD

A language of blood has gripped our world

Deforestation drop

Deforestation falls in Brazil, but it’s still high; agribusiness is the main cause for the uncovering

#FREETHEYOUTH

‘The beginning of a new revolution’: Gambian youth protest state corruption, face mass arrests

"Thanks, Pepe!"

In silence and holding hands on Montevideo streets, Uruguayans say goodbye to former president Mujica

All original content produced and editorially authored by Brasil de Fato may be reproduced, provided it is not altered and proper credit is given.

No Result
View All Result
  • Support
  • Podcasts
  • TV BDF
  • Politics
  • Brazil
  • BRICS
  • Climate
  • Struggles
  • Opinion
  • Interviews
  • Culture

All original content produced and editorially authored by Brasil de Fato may be reproduced, provided it is not altered and proper credit is given.