Brasilia.- Judge Edson Fashin, Supreme Court of Justice L. BrazilThis Monday canceled all prison sentences of the former president in the first degree Luiz Inacio Lula da Silva, Who must be tried in federal courts.
Fashin’s decision refers to three cases in which Lula was tried before a court of first instance in Curitiba, in charge of then judge Sergio Moro, who at the time did not have the “legal competence” required to analyze these cases, he explained. The Supreme Court itself, whose plenary session must uphold this decision.
According to the decision of Fashin, the Supreme Court official in charge of the anti-corruption process car wash, For which the former president has been sued, these three cases must now go into the orbit of federal justice in Brasilia, which will determine the course of each case.
The decision affects the operations related to the triple apartment in the resort of Guarujá on the coast of the state of São Paulo; To a country house in the city of Atibaia in São Paulo, and to investigate the Lula Institute, which was founded by the former president.
In the first case, If not He was sentenced to 12 years in prison, or 17 years in the case involving the country house, while there is still no final judgment in the case referring to the institute.
For those sentences, If not He spent 580 days in jail and was released once the Supreme Court changed its own jurisprudence and decided that a person could only go to jail when they had no appeal available, which was not the case with the former president.
Fashin justified his decision in those cases in which he accused Lula of receiving financial bribes and property from some contracting companies involved in a scandal. car washIt was not related to the transfer of funds in the state-owned Petrobras, which had justified these operations.
According to the judge, the Curitiba judge had no legal jurisdiction over the Petrobras scandals, which should be tried in other cases.
Fashin’s decision will have to be analyzed in the plenary session of the 11-member Supreme Court, which has not yet been called to analyze the case.
If the plenary endorses Fachin’s judgment, which is based on what he considers a “procedural error” due to a “lack of competence”, If not He will regain his political rights and may be a candidate for the presidency again in 2022.
According to election laws, If not He lost those rights in 2018, when one of the convictions overturned on Monday was confirmed by Judge Fashin in the second court.