Today, we requested the Regional Federal Court of the 1st Region (TRF1) to acknowledge the unlawfulness of the decision entered at the end of yesterday by the Judge of the 10th Federal Court of the Brasília Judicial District forbidding former President Luiz Inácio Lula da Silva to leave the country and ordering the forfeiture of his passport.
By filing a writ of habeas corpus, we demonstrated that Lula’s right to freedom of movement, as ensured by the Federal Constitution (FC, art. 5th, item XV), was unduly restricted by the Brasília Federal Courts, because:
(i) The decision refers to the trial held by the Regional Federal Court of the 4th Region (TRF4) on January 24th, to which the judge who entered the decision has no relation;
(ii) There is no final conviction against Lula not even in the TRF4, differently from the arguments used by the Federal Attorney’s Office and accepted by the Judge;
(iii) The trip Lula was supposed to take to Ethiopia to participate in an event with world leaders, with return date scheduled to Jan. 29, had been communicated to the TRF4 before the Jan. 24 trial; the Court did not oppose to it;
(iv) This trip was also informed to the Presidency of Brazil, which authorized public servants to accompany Lula, as provided by law;
(v) There is no concrete fact to justify the affirmation that there would be the possibility of Lula requesting political asylum;
(vi) Lula’s intention remaining a resident of Brazil was reaffirmed by the announcement of his pre-candidacy for the Presidency of Brazil on 01/25;
(vii) Lula cannot suffer any restraint to his freedom of movement in view of the criticism of the Justice System in regard to the proceedings in which he is a party.
We also request the Regional Federal Court of the 1st Region to grant the preliminary injunction “in order to determine the immediate suspension of the appealed decision’s effects — with the full re-establishment of the Arrestee’s right to come and go, in addition to the return of his passport and the cancellation of the inclusion of his name in the System of Wanted and Restrained — until the judgment upon the merits of the present motion.”