The trial conducted today (03/06) by the Superior Court of Justice (STJ) made clear the importance of the Federal Supreme Court (STF) deciding on the Habeas Corpus that we filed on 02/02 and that awaits being placed on the court’s trial docket since 02/09. The Justices of the Superior Court of Justice acknowledged that the Justices of the Federal Supreme Court have rendered decisions in the same line of reasoning as the one supported by the former President’s defense, that is, prohibiting the early execution of the sentence, especially in the cases which the appeals pending analysis by the Higher Courts have a real possibility of being granted in order to acquit the defendant or declare the proceeding’s nullity. However, the judges of the Superior Court of Justice believe they’re still forced to follow the Federal Supreme Court’s precedent of 2016, which allows the early execution of the sentence, even when there’s a real possibility of this understanding being disregarded according to the latest decisions rendered by the justices of the Supreme Court. Lula’s conviction by the Regional Federal Court of the 4th Region is illegal and its corresponding procedure is marked with clear nullities, as the former President’s defense has proved throughout the whole procedure. Therefore, we hope that the Chief of the Supreme Court schedules the decision on the application for the writ of habeas corpus that has been already filed to ensure the enforcement of the Federal Constitution, which only allows for the suspension of the presumption of innocence – and the consequent possibility of early execution of a sentence – when the judgement of conviction is final and unappealable.

Cristiano Zanin Martins