Brazil's Superior Court of Justice Denies Defense Request Against Lula's Arrest

01/31/2018 - 10h41

Justice Humberto Martins, vice president of the Brazilian Superior Court of Justice (STJ), rejected the habeas corpus request filed by former president Luiz Inácio Lula da Silva's defense team.

Last week, Lula's conviction for money laundering and passive corruption was upheld by the appellate court, TRF-4 (Federal Regional Court of the 4th Region).

On Tuesday (30), Lula's defense filed a request for preventive habeas corpus at the STJ against early imprisonment. Lula was sentenced to 12 years and 1 month without parole, according to the information provided by Mônica Bergamo, Folha's columnist.

The defense states the Federal Supreme Court (STF) will still discuss Lula's temporary execution of sentence and, therefore, the STJ should suspend his arrest.

The defense also requested suspension of his ineligibility, so that he may run for president in this year's elections. According to the Clean Record Law (ficha limpa), he is ineligible. In practice, Lula's defense filed a type of "super preliminary injunction" to annul TRF-4's decision.

Justice Martins states, in his decision, that the urgency requirements for such plea "are not present". According to him, "a concrete threat of prison imminent does not appear to be present."

Translated by ANA BEATRIZ DEMARIA

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	Eduardo Anizelli/Folhapress
	Former Brazilian president Luiz Inacio Lula da Silva speaks during a demonstration in Sao Paulo