Fachin sends Lula to the "Gas Chamber"

Lula is in prison, convicted by a sentence from Operation Lava Jato. Right? Right.

The 2nd Chamber of the STF (Supreme Federal Court) is the one that analyzes Lava Jato cases, of which Fachin, one of its members, is the rapporteur. Right? Right.

According to the Internal Regulations of the Supreme Federal Court (STF), the role of the panels is to analyze cases that do not deal with constitutional issues, which is the exclusive competence of the full court. In the panels, the justices express their opinions, for example, on habeas corpus petitions and appeals against decisions of other courts.

That's what the regulations say.

So why didn't Mr. Fachin send Lula's habeas corpus petition from April 4th to the Second Chamber? He could have, if he wanted to. The rules allow it. In fact, this is a prerogative of the chambers. But he sent it to the full court.

And Lula, of course, lost, because Article 5 of the Constitution has been violated by the majority of the plenary since the ruling of February 14, 2016, which allowed imprisonment after conviction in the second instance, something prohibited by the Constitution.

And why now, once again, has he sent a new appeal requesting Lula's release to the full court and not to the Second Chamber? Because he knew that Lula would win in that panel? Can he choose Lula's defeat or victory? Is that doing justice?

Fachin's trickery has become even more evident now that Dirceu has been released. He sent his appeal to the 2nd Chamber and not to the plenary, unlike what he did with Lula's. Can someone explain why? The cases are identical. Both are imprisoned after conviction in the second instance without the imprisonment having been justified.

Dirceu won. Three ministers – Gilmar, Toffoli, and Lewandowski – accepted the defense's argument that he had been imprisoned after a second-instance conviction without justification. The text allows, but does not mandate, the imprisonment of someone convicted in a second instance. There needs to be an acceptable reason. It's not simply a matter of convicting and imprisoning.

Lula was also imprisoned under these circumstances. In the second instance, without justification. If his appeal were judged in the 2nd Chamber, he would be released; but since it was once and will go to the plenary again, by Fachin's monocratic decision he will remain imprisoned.

It's outrageous! It's a monumental injustice!

This is yet another aberration from the current Supreme Court. Gilmar Mendes, from the 2nd Chamber, has already called the 1st Chamber a "gas chamber"; Herman Benjamin retorted that the 2nd Chamber is the "Garden of Eden".
If Fachin sends Lula's cases unnecessarily to the full court, where there is known to be a 6-5 majority against him, and not to the Second Chamber, where he would win by at least 3-1, just like Dirceu, he is curtailing the former president's right to defense. He is steering his appeal toward certain defeat.
His activism against Lula became even more pronounced when he decided, upon ruling on Lula's appeal, to propose that the full court discuss whether someone convicted in the second instance can be a candidate.

I know, he knows, everyone knows that anything that reaches the plenary session at Lula's request will be denied.

The plenary session is Lula's "Gas Chamber".