BELOVED HOMELAND, BRAZIL

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

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