On Jan. 24th, the Regional Court of the 4th Region judges, on second instance, the defense appeal of the former president in the case of the apartment in Guaruja, Sao Paulo State. For this crime, Lula da Silva was sentenced in July last year to 9 years and 6 months in prison by Judge Sergio Moro.
While activists and members of the PT are mobilized in support actions for former President, the Justice still seeks ways to prevent the trial from becoming a political rallies.
The Workers’ Party (PT) is also accused of other crimes and the future of the candidacy for the Presidency of the Republic is in the hands of Justice. The trial will be conducted by the rapporteur of Operation Car Wash in the second instance, judge Joao Pedro Gebran Neto, Leandro Paulsen and Victor Luiz dos Santos Laus.
The pressure is great because, according to the Clean Record Law, candidates condemned by a collegiate body can not attend the elections, and Lula – leader in the polls of intention to vote – wants to return to the Planalto Palace.
In addition, the PT promises a great popular mobilization. The events to support the candidacy of the former president were marked in all the states for the next day 13 and they will give a thermometer of how the movement will be in the events scheduled for Porto Alegre from day 22.
To avoid disruption, the court changed the routine trial schedule and will begin the analysis at 8.30. A security perimeter, about two kilometers, will be made around the building to avoid crowding and the the courtroom will be reduced to officials who will participate exclusively in the trial. The police were activated to avoid tumults.
Juan Pablo Oliveira, professor of ethics in the public administration in Center of Studies (CERS), explains that citizens condemned by certain crimes, among them against the public administration, are ineligible for eight years as of the decision trafficked in court or a collegiate body. “But there is a detail: the law itself has a mechanism that allows a higher court to suspend ineligibility, if Lula suffers a new sentence, he can appeal,” he warns.
Therefore, the score is important. A unanimous vote of 3 to 0 imposes a greater guilt character, which will influence the decisions of the superior courts.
Igor Pinheiro, a specialist in electoral law, believes Lula could be achieve an injunction to suspend the effects of the sentence. “That will only be resolved later, in the Supreme Federal Court (STF), because, to get a injunction, the defense will have to show that the normal process will bring danger.
When the electoral deadlines approach, you can use the file known as periculum in mora (danger of delay) “, evaluates.
Meanwhile, the activists from Movement Comes to the Street” will promote a ‘act of Defense of the Justice’ on the 23rd, a day before the trial of Lula da Silva. There will be simultaneous demonstrations in several cities, scheduled to start at 6pm.
“The confirmation of the conviction in the second instance of former President Lula da Silva will be the greatest symbol of the end of impunity in Brazil,” says the Comes to the Street, in a public statement.
According the movement, an eventual confirmation of the condemnatory sentence of the petitioner will attest that justice in the country, in fact, works equally for everyone, regardless of position, influence, power or money.