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Justice Rosa Weber denies habeas corpus to Lula

Lula's lawyers wanted investigations targeting the former president to
Michèlle Canes reports from Agência Brasil
Published on 22/03/2016 - 18:25
Brasília
Sessão no STF da Primeira Turma presidida pelo ministra Rosa Weber para análise de ação penal contra o deputado Paulinho da Força  (José Cruz/Agência Brasil)
© José Cruz/Agência Brasil
Sessão no STF da Primeira Turma presidida pelo ministra Rosa Weber para análise de ação penal contra o deputado Paulinho da Força (José Cruz/Agência Brasil)

Supreme Court (STF) Justice Rosa Weber José Cruz/Agência Brasil

Supreme Court (STF) Justice Rosa Weber denied today (22) the habeas corpus filed Sunday (Mar. 20) by the defense of former President Luiz Inácio Lula da Silva against the order of Justice Gilmar Mendes, who ruled to pass the investigations targeting Lula in Operation Car Wash back to federal judge Sérgio Moro in Curitiba.

In her statement, Rosa Weber noted Supreme Court previous rules, according to which it is not possible to file habeas corpus against a court's justice. The minister pointed out that earlier this year, the use of this instrument was analyzed by the Court. On the occasion, reports the minister, the full bench reaffirmed the understanding of the Supreme Court that "habeas corpus against a Court's justice's decision was not appropriate(...)."

Yesterday (Mar. 21) the minister was randomly chosen to report the case, which was previously assigned to Justice Edson Fachin. The case was electronically redistributed, after Fachin declared himself to be unable to judge Lula's defense request.

On Friday (Mar. 18), Gilmar Mendes suspended former President Lula's inauguration as chief of staff. In the same decision, Mendes ruled to pass investigations targeting Lula in Operation Car Wash back to federal judge Sérgio Moro in Curitiba. In the habeas corpus, Lula's defense claims that, when the injunction was granted to two opposition parties (PPS and PSDB) to suspend the appointment, Mendes ruled beyond the two parties' injunction,  and ordered investigations targeting the former president to be tried by Moro. For lawyers, Mendes challenged the competence of Justice Teori Zavascki, rapporteur in the case of Operation Car Wash at the Supreme Court

The lawyers asked the rapporteur in the case to grant an injunction (provisional decision) to suspend the effects of Gilmar Mendes' order on passing investigations to Curitiba. They also requested to declare Mendes' rule on passing investigations as null and void and to be recognized that Zavascki would be responsible for ruling whether the investigations remain at the Supreme Court.


Translated by Amarílis Anchieta


Fonte: Justice Rosa Weber denies habeas corpus to Lula