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Brazilian Federal Supreme Court denies preventive habeas corpus to former president Lula

The Plenary Session of the Brazilian Federal Supreme Court (STF) denied, by majority of votes, the Habeas Corpus (HC) 152752, through which the defense of former President Luiz Inacio Lula da Silva sought to prevent the provisional execution of the jail sentence imposed, in view of the confirmation by the Federal Regional Court of the 4th Region (TRF-4) of its decision to convict Lula for the crimes of passive corruption and money laundering. Also by majority, the judges denied a request to extend the duration of the safe-conduct granted to Lula in the Plenary Session held on 22 of March (decision that was voted against by Justices Marco Aurélio and Ricardo Lewandowski).

Leading vote

Most of the Justices followed the vote of the rapporteur, Justice Edson Fachin, judging that there is an absence of illegality, abusiveness or teratology (abnormality) in the decision of the Superior Court of Justice (STJ), which applied to the case the current jurisprudence of the STF, that allows the prison sentence execution after conviction in the second instance court.

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