Minister Marco Aurelio of the Federal Supreme Court (STF) suspended on Wednesday, on a preliminary basis, all arrests of convicts in the second instance whose lawsuits have appealed to higher courts in cases that have not gone unappealable, in a decision that may benefit former President Lula da Silva.
The decision was made in an action filed by the Communist Party of Brazil. According to the minister, article 283 of the Code of Criminal Procedure must be maintained, which establishes that prisons can only take place after a final decision, that is, when they can not have more resources in the process.
Marco Aurelio still sends the decision to be analyzed in plenary, but the injunction is valid until this occurs.
With his injunction ordering the release of all prisoners after conviction in the second instance, Marco Aurelio Mello confronts not only public opinion, with which he says he does not care but also Dias Toffoli the president of the Supreme Court that he integrates.
After all, the order leaves two days after Toffoli marks the trial of the same actions that Marco Aurelio now decides on a preliminary basis. It also confronts the repeated majority successive times by the Supreme, which he calls “circumstantial“, in the sense of allowing the arrest after conviction in the second instance.