Defense will request Lula's immediate release after STF ruling
The defense of former Brazilian president Luiz Inacio Lula da Silva will today request his immediate release, after Brazil's Supreme Federal Court (STF) revoked the unconstitutional sentence of imprisonment after the second instance conviction. The judgement issued by the STF reinforces that 'former president Lula has been imprisoned unfairly for 579 days (until yesterday) and in a manner incompatible with the law (...) and the Constitution of the Republic (...), as we have always said,' read a press release from lawyers Cristiano Zanin Martins and Valeska Texeira, part of Lula's defense team.
They announced that after speaking with Lula this Friday, 'We will present to the court of enforcement a request for immediate release based on this STF ruling.'
In the text, the jurists assure that they will reiterate the request for the Supreme Court to rule on habeas corpus, which aims to declare the nullity of the entire process that led to Lula's detention, based on the partiality of former judge Sérgio Moro and prosecutors of the Lava Jato Operation, among many other illegalities.
The defense points out that 'Lula did not commit any illegal act and is a victim of the law which, in the case of the former president, consists of the strategic use of the law for political persecution purposes.'
By six votes to five, the STF yesterday approved the right for prisoners, convicted in the second instance, to appeal until all legal recourses are exhausted, whereby Lula could be released from the Superintendence of the Federal Police in Curitiba, capital of the southern state of Paraná.
The founder of the Workers' Party, who has remained in political imprisonment since April 7, 2018, is serving eight years and 10 months for alleged corruption and money laundering as part of the Lava Jato Operation.
Lula was convicted in the first instance by Moro and in the second by the Federal Regional Court of the Fourth Region (an appellate court). After the ruling, he could be released from jail and await the results of the recourses presented by his defense team in the Supreme Court and the Superior Court of Justice. With the ruling from the STF in favor of constitutional guarantees, another 4,895 prisoners with the right to appeal could be released.
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