The decision passed today by Justice Fachin will give the en banc Federal Supreme Court the opportunity to apply the Federal Constitution, especially with respect to the presumption of innocence guarantee until a final and unappealable decision is rendered (Federal Constitution, Article 5, LVII).
Former President Lula was convicted in a proceeding marked by express nullities without having committed any crime.
The Regional Federal Court of the 4th [TRF-4] Region determined by its own initiative – as the Federal Attorney’s Office did not request it –, the anticipation of the execution of the sentence passed, with no reason for not waiting the judgment of the appeals that shall by the considered by the Superior Courts.
We hope the proceeding be placed in the trial docket as soon as possible, following the example of the speed with justice Edson Fachin rendered his decision, which is inherent to the habeas corpus nature.
CRISTIANO ZANIN MARTINS