The Second Panel of the Federal Supreme Court (STF) decided to retake on Tuesday (25) the trial of two habeas corpus presented by the defense of former president Luiz Inacio Lula da Silva. The decision was taken by the five ministers who are members of the collegiate at the beginning of the session at the request of the PT's defense. At the end of the case analysis, Lula can be released.
The trial was scheduled to be resumed on Tuesday, but had been postponed on Monday (24) after Minister Gilmar Mendes called for the withdrawal of one of the requests for freedom of staff.
Lawyer Cristiano Zanin Martins, in charge of Lula's defense, asks in the tribune of the Second Class of the STF the freedom of the former president – Photo: Reproduction, STF
However, at the beginning of the session on Tuesday, lawyer Cristiano Zanin Martins, who was in charge of the defense of the former president, requested the floor and, from the collegiate tribune, requested priority in the habeas corpus trial, arguing that Lula has been imprisoned for more than of 400 days. "We are facing a case whose trial has already begun," said the criminalist.
The ministers of the Second Class will analyze two habeas corpus on Tuesday:
- one in which the lawyers of the former president question the performance of Lava Jato's rapporteur at the Superior Court of Justice (STJ), Minister Felix Fischer
- another in which the former judge and current Justice Minister Sérgio Moro is suspected during the case in which the former president was convicted
Understand defense questions
Last year, Felix Fischer rejected, in an individual decision, an appeal from Lula's defense that called for the acquittal of the former president.
The Petista's lawyers then appealed against the decision on the grounds that the minister should not have decided alone on the case alone, but would have had to submit the decision to the members of the Fifth Panel of the STJ.
In April this year, in a unanimous decision, the Fifth Panel decided to maintain the former president's conviction for passive corruption and money laundering, but reduced the sentence of imprisonment from 12 years and 1 month to 8 years and 10 months.
Lula's second request for freedom was presented by the defense last year, when Sérgio Moro accepted Jair Bolsonaro's invitation to lead the Justice Ministry.
The request for freedom began to be tried in December by the Second Class of the Supreme, but was stopped before being concluded. At the time, the ministers Luiz Edson Fachin and Carmen Lúcia voted against the request to grant Lula freedom.
In the case of habeas corpus, the former president's defense questions the performance and impartiality of the current Minister of Justice in the trial of the lawyer in the first instance of the Federal Court for the case of the triplex of Guarujá (SP). At the time, Moro was the judge responsible for Lava Jato in Paraná.
It was the current Justice Minister of the Bolsonaro government who convicted the PT in the first instance, to 9 years and 6 months in prison. This process culminated in Lula's arrest after the conviction was upheld in the lower court in January last year by the Federal Regional Court of the 4th Region (TRF-4).