BELOVED HOMELAND, BRAZIL
Our
beloved country is facing hard times to preserve the fresh democracy and
institutions placed to the test with last events steemed from the lava-jato
(car wash) operations. Which resulted in arresting of the majors businessman
and politicians convicted by corruptions and bribery. The watershed moment was
the arresting of former presidente Lula (Luiz Inacio Lula da Silva), which
rattled the Brazil and international media.
Lula da
Silva, has been the most influential leader from the left party PT in decades,
that governed Brazil for almost 20
years, including his sucessor Dilma Roussef, who has undergone a impeachment
process by the national congress, obeyed all requirements of legal due process
along with the Supreme Tribunal Federal, removing her from the post of
presidente
The spate
of these events has lead the international press to undertake a erroneous reading
of facts. Most of correspondentes, mainly, non residents, misconstrue the
events, providing a false reality to his
readers.
The
complexity of the subject mixed with the lack of legal knowledge and the
Brazilian procedural law have lead the foreign correspondents at the continuous
stress work. Given that their principals charge them for more News, and so, in
order to attend their requirements, they send disconnected details from
reality, entailing a flawed logic and unteneable facts.
Nevertheless,
the Brazilian civil society is following this case closely and not only
following, but supporting the Lava-Jato and also the international entities and
plenipotentiary of the abroad embassies in Brazil. Only for a recall, lets make
a perusal in the former president Lula trial from the begining til the final
award by the TRF 4 and mittimus issued by Sergio Moro Judge. Let´s see hereinafter:
ü The
former presidente Lula was convited to a little less than 10 years of prision
by the Federal Judge Sergio Moro.
ü Whereas
his lawyers have entered with appeal in the TRF 4 court. The Judges of that
court, did not uphold the appeal, rather, increasing the prision sentence to 12
years.
ü Unsatisfied
with the results, Lawyers of defendant, once more enter the same court with
referral named embargos declaratórios “motion of declaration” to clarify some
ambiguities in the sentence.
ü thereupon,
defendant´s lawyers tried to get a writ of “habeas corpus” in the Superior
Tribunal de Justiça - STJ (against de prision during the judging of appeals)
However, the STJ, the whole Judges has rejected the writ unanimously.(11x0)
ü Once
more, defence Lawyers argued new HABBEAS CORPUS application, this time in
Supremo Tribunal Federal – STF, but again, luck was not favourable to them and
the STF Judges has rejected the habeas corpus application to this case by the
score of 06x05 (hard case)
As we can
see the Brazilian procedural penal code is prodigal in appeals and the Federal
Brazilian Constitution assists in guaranteeing the right of the accused to the
presumption of innocence which is enshrined in Articl 5º, LVII - CFB/88.
Therefore, this same article do not preclude the prision after the second
instance conviction.
Thats the
key point of the two mainstreams, In line with the terms of reference to the Lava_jato
breakthrough focused on two main issues: One class and the civil society deemed
to the discussion on the reform of penal understanding of prision after the
second instance conviction. The other side the School of thoughts defending the
last court of appeals to allow /order the defendant prision.
these are
complex issues, but the facts must be disclosed in their fullness. Important to
point out that the rights of appeals of person arrested keep going in the
superior courts pursuing his release through the different appeals.
Author´s
full details:
Paulo
Oliveira S.Silvano
lawyer - Consultant
Extension in maritime law (shipping, oil & gas,
loss and averages, etc.)
"Expertise" in ports - having worked for 10
years in VALE ports.
Maritime repairs and Agency.
email: paulosilvano.juridico@gmail.com
Linkedin: BR.linkedin.com/in/paulosilvano
http://paulosilvano.blogspot.com.br
image courtesy: https://www.google.com/search?rlz=1C2CHZL_pt-BRBR705BR705&tbm=isch&sa=1&ei=ejTRWv-aD4jGwASZi5u4CA&q=foto+justi%C3%A7a+e+bandeira+do+brazil&oq=foto+justi%C3%A7a+e+bandeira+do+brazil&gs_l=psy-ab.12...91124.98923.0.101808.32.32.0.0.0.0.207.4138.0j27j1.28.0....0...1c.1.64.psy-ab..5.0.0....0.HA5eKeP1B1E#imgrc=wZI-i13C-rNZaM:
