The Regional Federal Court of the 3rd Region [TRF3] granted the request made by former President Luiz Inácio Lula da Silva’s attorneys and re-established all his rights and prerogatives provided for in Law No. 7,474/86, among them is the right to be assessed by 6 State officials, like every former Brazilian President.
The decision was rendered today (May 29) by Federal Appellate Judge André Nabarrete Neto who ordered the suspension of the effects of the decision Judge Haroldo Nader of the 6th Federal Court of Campinas rendered on May 16 regarding Citizen Suit no. 5003204-33.2018.4.03.6105, which had denied him of such rights and prerogatives.
The decision states: “By simply reading the provisions mentioned therein, it is clear that former presidents of the Republic are entitled to rights and prerogatives (which are not benefits) due to the fact that they occupied the highest position in the Republic and that there is no legal limitation, which prevents their suspension by the Judiciary Branch, under penalty of violation of the principle of the separation of powers, since there would be an evident usurpation of law-making power.”
CRISTIANO ZANIN MARTINS