“Today (04/18), another reason for nullity took place in the procedure since the Regional Federal Court of the 4th Region (TRF4) didn’t agree to hear (didn’t analyze the merits) the motion for clarification former President Lula’s defense filed within the term provided by the law. We have demonstrated in 38 pages that there were still some important aspects left to be assessed by the TRF-4.
At the beginning of the trial, the defense questioned, unsuccessfully, the fact that the motion for clarification was being decided on without the reporting Appellate Judge. Even though the trial under such circumstances is allowed by the said Appellate Court’s Bylaws, according to what has been explained in the issue raised, the Appellate Judge should be there, since the appeal was focused on his opinion rendered in the previous trial, which was followed by the other Appellate Judges of the 8th Panel.
No appeal filed in criminal proceeding seeking evidence of innocence to be assessed can be considered frivolous.
The decision on the motion for clarification today has also shows that the order for early execution of the sentence imposed to Lula was issued before all remedies in the appellate court were exhausted. Remedies before the TRF4 will only be exhausted after decision regarding the admissibility of appeals filed before the higher courts, which shall be done within the deadline provided by the law.
One of the objectives of said appeals will be the recognition of Lula’s innocence, because his conviction, even considering the facts analyzed by the TRF4, goes against the law and the Federal Constitution.
All applicable measures are also being taken to reverse the early execution of the sentence that Lula is being forced to serve, which manifestly goes against article 5, item LVII, of the Federal Constitution.”
CRISTIANO ZANIN MARTINS
Former President Lula’s attorney