On Wednesday morning, the defense of Luiz Inacio Lula da Silva appealed to the Federal Supreme Court (STF) against the decision rejecting the request of the former president to attend the funeral of his brother Genival Inasio da Silva.
Vava, as he knew, died on Tuesday morning (29) at the age of 79. The decision to release Lula follows Minister Dias Toffoli, the President of the Court and responsible for the discharge of his duties in court.
Former President Luiz Inacio Lula da Silva – Photo: Reproduction
Lula has been in prison at the Federal Police Directorate in Curitiba since April 2018. He was convicted in the first and second cases of justice in the case of triplex in Guaruje (SP) for passive corruption and money laundering.
On Tuesday evening, the judge responsible for the execution of Lula’s sentence, Karolina Lebbos, rejected the request of the former president. The judge followed the demonstrations of the Federal Police and the Prosecutor's Office, who said that they did not have enough time to carry out the transportation logistics of the former president before the end of her brother’s funeral.
As requested by STF, the funeral is held from Tuesday, and the funeral will be held at 1 pm on this Wednesday (30th) in São Bernardo do Campo, in São Paulo.
The lawyers also appealed to the TRF-4, and Judge Leandro Paulsen upheld the verdict of the judge in the late morning. Protection then went to STF.
In a petition filed with the Supreme Court, the defense argued that the Criminal Law Act provides for the “humanitarian right” of the former president to attend the funeral.
According to the norm, convicts serving their sentences in closed or semi-open mode, and temporary prisoners can get permission to leave the prison provided that they are accompanied in the event of the death of a spouse, life partner, descendant, descendant or sibling.
"It is impossible to turn the rights of Brazilian citizens into a dead letter, if we take into account the consequences based on bureaucratic considerations regarding the possibility of maintaining or maintaining public order, especially when such issues can be easily resolved," the document says.
The former president’s lawyers continue to claim that even arrested during the military dictatorship in 1980, Lula was allowed to attend the wake of his mother, Eurydice Ferreira Mello, Don Linda.
“Now, as noted, the political prisoner at that time was protected by his right to attend the funeral ceremonies of his mother; in a similar situation (if not more), he should be able to exercise the same right in the case of brother’s funeral ceremonies, especially now that the law directly guarantees this guarantee to him, ”said the lawyers.