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Provisional enforcement of the sentence of offender convicted for mass murder in Minas Gerais is maintained

The Chief Justice of the Brazilian Federal Supreme Court (STF), Justice Carmen Lúcia, rejected a request for a preliminary injunction through which the defence of the farmer Adriano Chafik Luedy, sentenced to 115 years' imprisonment for a massacre in Felisburgo (MG), aimed to suspend execution his penalty. According to the Chief Justice, there is no reason to justify the performance of the Presidency in the Habeas Corpus (HC) 152424 with urgent status, during the collective vacations of the Justices.

The farmer was sentenced in 2013 by a jury court as a result of involvement in the killing of five people and attempted murder of another eight in 2004, during an attack on the occupation of landless workers at Fazenda Nova Alegria in the municipality of Felisburgo, in the Jequitinhonha Valley. The conviction was upheld by the Minas Gerais Court of Appeals.

After rejecting a special appeal by the defense, the judge-rapporteur in the Superior Court of Justice (STJ) accepted a request from the Public Prosecutor's Office and authorized the commencement of the execution of the sentence, mentioning that, according to decision of STF in HC 126292, after criminal liability has been established by lower courts, it is possible to execute the sentence right away. In the Supreme Court, the defence requests the grant of an injunction to guarantee to its client the right to appeal in freedom, until the judgment of the merits of the HC.

Chief Justice Carmen Lúcia ascertained that the position adopted by the Justice of the STJ is in line with the jurisprudence of the STF. Therefore, according to her, this is not a hypothesis that justifies the Court's action during the judicial service. Then, it was determined that the case should be referred to the judge-rapporteur, Minister Celso de Mello.


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