#LULA ENJOYING FREEDOM , BRAZILIAN SUPREME COURT (STF) PLACED BY THEIR OWN MINISTERS IN THE WORST POSITION
SOURCE/LINK: https://www.institutomillenium.org.br/artigos/lula-solto-stf-na-lona/
[LULA SOLTO, STF NA LONA]
SOURCE/LINK: http://claudiolessa.com/?tag=francois-guizot
“When politics penetrate in the Courts’ chambers, Justice leaves through some door.” (François Pierre Guillaume Guizot, 1787-1874)
“Countries whose constitutions allow politicians to hold special court privileges, while the same politicians are the ones who appoint judges for those same courts, are pigsties, madhouses legalizes as nations.” (Jose Marcio Castro Alves)
COMMENT
Today, Thursday, March 22, 2018, a historic day and by extension a day in which will be put to the test the independence of the institution called Brazilian Supreme Federal Court. All are equal before the law, without distinction of race, creed, of their position in the political scene and of their economic situation. That is, even for those who are at the top of the moneyed class, which are very few in Brazil, the law must also reach them. This is contained in the Brazilian Federal Law, which is our Constitution of the Brazilian Federative Republic of 1988.
Former President Lula can not be or pretend to be unreachable by law. But we see that there are attempts, since Judge Sérgio Moro sentenced him to more than 10 years in prison, a sentence confirmed by the competent Federal Regional Court, unanimously, there are maneuvers outside and inside the STF for Lula to have differential treatment.
The people, without distinction and impartially, have to submit to Brazilian laws. If he commits a crime, he responds to a judicial process and is convicted, he will serve sentence determined by the dosimetry determined in the sentence.
Why unsuccessful attempt, often unscrupulous, to rid an ex-president of the chain who, along with his successor in charge of a nation rich in all natural and social quarters, sank Brazil into a crisis like never seen before, witnessed and felt?
There is the enigmatic occult character prowling the Brazilian Institutions in charge of maintaining morality with effective and relentless performance (Federal Police, Federal Public Ministry and Federal Justice). May the ladies and ladies ministers of the highest court of Brazil honor the position and position they occupy. They represent the entire Brazilian judicial system. Your mission is with the Brazilian people.
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COMENTÁRIO
Hoje, quinta-feira, 22 de março de 2018, um dia histórico e por extensão um dia no qual será colocado à prova a independência da instituição chamada Supremo Tribunal Federal. Todos são iguais perante a lei, sem distinção de raça, credo, de sua posição no cenário político e de sua situação econômica. Ou seja, mesmo para àqueles que estão no topo da classe endinheirada, que são pouquíssimos no Brasil, a lei também deve alcançá-los. Isso consta na Lei Maior do Brasil, que é nossa Constituição da República Federativa Brasileira de 1988.
O ex-presidente Lula não pode estar ou ter a pretensão de ser inalcançável pela lei. Mas vemos que há tentativas, desde que o Juiz Sérgio Moro o condenou a mais de 10 anos de prisão, sentença confirmada pelo Tribunal Regional Federal competente, unanimemente, há manobras fora e dentro do próprio STF para que Lula tenha tratamento diferenciado.
O povo, sem distinção e de forma imparcial, tem que submeter-se às leis brasileiras. Se comete crime, responde a processo judicial e sendo condenado, cumprirá pena determinada pela dosimetria determinada na sentença.
Por quê tentativa, muitas vezes inescrupulosas, para livrar da cadeia um ex-presidente que junto com sua sucessora no comando de uma Nação rica em todos os quadrantes naturais e sociais, afundou o Brasil em uma crise como nunca antes visto, presenciado e sentido?
Há o enigmático caráter oculto rondando as Instituições Brasileiras encarregadas de manter a moralidade com atuação eficaz e implacável (Polícia Federal, Ministério Público Federal e Justiça Federal). Que os senhoras e senhoras ministros e ministras da altíssima corte do Brasil honrem o cargo e posição que ocupam. Representam todo o sistema judiciário Brasileiro. A missão de vocês é com o povo brasileiro.
SOURCE / LINK: https://www.institutomillenium.org.br/artigos/lula-solto-stf-na-lona/
being at worst, very bad; fallen on the floor.
#LULA ENJOYING FREEDOM, BRAZILIAN SUPERIOR COURT (STF) PLACED BY THEIR OWN MINISTERS IN THE WORST POSITION
Lula loose, STF on canvas
Helio Gurovitz
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03/24/2018
For ordinary citizens, what happened in yesterday's session of the Federal Supreme Court (STF) was simple: the country's highest court decided to prohibit the arrest of former president Luiz Inacio Lula da Silva.
It matters little that it was an "injunction" (provisional decision), on top of a "habeas corpus" (petition) whose "merit" (content) was not even analyzed or voted upon. Ordinary people do not know what these words mean. Lula will be loose, that's what he understands.
The ex-president condemned for having received as a kickback a reformed apartment specially for him in Guarujá can count on his freedom at least until next April 4, when the STF will meet again to discuss the matter.
Any other convicted person in the Federal Regional Court of the 4th Region (TRF-4) begins to serve his sentence as soon as all the resources are exhausted. Lula does not. The TRF-4 will vote next Monday the last objections of the defense, called "declaration embargos". They do not have the power to change the sentence. Even so, by the Supreme's decision, he will not be arrested at the end of the vote.
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The privileges of the functionalism
The supreme grace granted to Lula is the result of errors by ministers who preferred to see him imprisoned and an unusual sense of opportunity for his defense, represented by lawyer José Roberto Battochio, who knew how to apply the right maneuver at the right time.
The first mistake was made by the president, Minister Carmen Lúcia, by taking to the vote Lula's specific request to avoid being arrested instead of the Declaratory Constitutional Actions (ADCs) that would allow the Court to make an objective decision regarding the ambiguous situation that surrounding the enforcement of sentences after the decision in the second instance.
By a decision taken in 2016, the STF authorized, but did not require, the commencement of the sentences after the decision of the second instance. An objective criterion has not been established to say when keeping someone in prison or released is unconstitutional. In the absence of it, the "habeas corpus", "injunctions" and quetais industry prevails, whenever the defendant can afford the cost of a starred defense.
What could have been a productive discussion, with repercussion on the whole of the Brazilian Justice, became a specific debate on the case of Lula. The way was open for our ministers to practice their favorite sport: the political maneuver.
The second error was committed by the Lula habeas corpus rapporteur, Minister Edson Fachin. Instead of reading his vow authorizing the arrest, he preferred to question the court's own jurisdiction to decide. On the basis of a technical question, he argued that habeas corpus was not the appropriate "legal instrument" in this case.
A new breach was opened, this time for the ministers to exercise a second sport, in which they have unquestionable proficiency: the lenga-lenga. And they give him Lewandowski, Toffoli, Marcus Aurelius, Fux, Celso, Gilmar ... They spent more than three hours speaking that language that nobody understands - in everything similar to Portuguese - until deciding if they could make a decision. As the discussion progressed, it became clear that it would be impracticable to close the issue at that session.
It was there that Lula's defense realized the opportunity created by procrastination. Battochio argued that it would be unfair to comply with the TRF-4's decision for imprisonment while the trial was pending. As the STF plenary does not meet today or next week, everything should be suspended until April 4. So it was decided.
It was possible to perceive, through the ministers' vote, that Lula has every reason to be optimistic about the decision they will make on the return of the Easter retreat. In the first vote, to decide if they could decide, two of those who were expected to vote against Lula entered the game of procrastination: Alexandre de Moraes and Rosa Weber. Score: 7 to 4.
In the vote to accept the demand of Battochio, the situation was a little tighter, 6 to 5, because Moraes rejected it. Even so, Rosa was on the defense side. In 2016, it was against serving penalties after the decision of the second instance. But he has respected the court's decision, both in individual decisions and in the votes of the First Class, to which he belongs. It was hoped, coherently, that he hold this position in the case of Lula - it is, after all, a specific case, not a comprehensive one.
It is not yet known how she will vote when the trial is resumed.
In speaking, however, Rosa hinted that in the plenary, everything is back to being open. Each minister would therefore be free to vote according to his own conscience, not according to the previous collegial decision (taken, for example, around another habeas corpus, hence its fragility).
The expectation about Rosa's vote, therefore, has changed. As Minister Luiz Fux recalled, at a rare moment when Portuguese was spoken at the Court, Battochio's request yesterday is not in essence different from the original habeas corpus that asks Lula not to be arrested. In both cases, it is necessary to keep him or her free until a new court decision.
When the STF returns to the subject, the next day 4, the expectation is that it repeats the score of the last vote of yesterday, 6 to 5 in favor of Lula. If this happens, it will have changed, for practical purposes, the Court's understanding of the post-second instance prisons, since any lawyer can invoke Lula's case to free his client.
Operation Lava Jato and its counterparts will be weakened, as the accused will know that the prison will once again be a mirage, since it has millions of dollars to finance the starry lawyers who dominate the "liminal", "habeas corpus" , "Merits" and complaining. That was what both Carmen and Fachin did not want to happen. It is, it seems, what they will reap with their mistakes.
And Lula will remain loose, campaigning for the country.
Source: "G1", 03/23/2018
• Democracy Habeas Corpus helio gurovitz Luiz Inácio Lula da Silva Supreme Federal Court (STF)
REFIS: good idea, bad incentives
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SOURCE / LINK: https://www.facebook.com/events/480590279005844
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