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Brazilian Federal Supreme Court grants request of the defense of former president Lula not to be transferred to São Paulo

By majority vote, the Brazilian Federal Supreme Court's (STF) Plenary decided on Wednesday (7) to suspend the effectiveness of the decision handed down by the 12th Federal Criminal Court of Curitiba and the São Paulo Criminal Court (VEP) to transfer the former president Luiz Inácio Lula da Silva. By decision of the Federal Court, the former president would be transferred to São Paulo. Thus, despite denying the defense's request for freedom, the right to remain in Curitiba (PR) at the General Staff Room was assured to former President Lula.

The Federal Police Superintendence in Curitiba requested the transfer of the former president to the State of São Paulo on the grounds that Lula's arrest alters the routine of the PF building. This Wednesday, following the ruling of the Federal Justice, the state department of criminal execution of the Court of Justice of São Paulo authorized the transfer to the Tremembé prison in the interior of the state.

The former president's defense then filed a petition in the STF (PET 8312), addressed to Justice Gilmar Mendes, "as justice-overseer" of the request of Habeas Corpus (HC) 164493, rapporting by Justice Edson Fachin, which has judgment suspended in the Second Chamber of the STF, due to the Justice's request for examination of the case records. The defense requested the granting of an injunction to release the former president and, if not granted freedom, requested the suspension of the effectiveness of the decision issued by the 12th Federal Criminal Court of Curitiba and the VEP of São Paulo, until final trial of HC 164493, as well as guaranteeing the former president the right to remain in the General Staff Room.

The petition was forwarded to the Presidency for deliberation about the competence to analyze the request, assignment which Chief Justice addressed to Justice Edson Fachin. Thus, the process was discussed today at a Plenary decision, which concluded the suspension of the transfer of the former president, by a majority, in which Justice Marco Aurélio was defeated.


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