Brazilian Bar Association (IAB) asks the Supreme Federal Court (STF) to decide on the provisional execution of Lula's sentence.

From the IAB website - The national president of the Brazilian Bar Association (IAB), Rita Cortez, sent a letter to the president of the Supreme Federal Court (STF), Minister Cármen Lúcia, expressing "enormous concern about the landscape of legal uncertainty generated by the decisions issued last Sunday by members of the Regional Federal Court of the 4th Region, related to the revocation and maintenance of the imprisonment of former president Luís Inácio Lula da Silva."

In the document, signed by the Secretary-General, Carlos Eduardo Machado, and approved by the plenary in the ordinary session this Wednesday (July 11), the IAB requests Minister Cármen Lúcia that, "immediately after the end of the recess, the Declaratory Actions of Constitutionality 43, 44 and 54 be scheduled for judgment in the plenary of the Supreme Court".

The ADCs aim to ensure compliance with article 283 of the Code of Criminal Procedure, which provides for imprisonment only after the final judgment of the sentence.

In the official letter, the IAB states that "the battle of interpretations, within the various instances of the Judiciary, unfortunately follows the same line as what has been occurring in the STF itself, due to the lack of a definitive and binding position on the issue of provisional execution of the sentence."

According to the Institute, "the Supreme Federal Court has been setting an example of contradictory decisions, with several justices from one panel granting habeas corpus and preliminary injunctions, contrary to the understanding of justices from another panel."

The organization, which is celebrating its 175th anniversary, believes that "the war of conflicting decisions is undermining the image and credibility of the Judiciary."

The president of the Supreme Federal Court was also sent a note from the Brazilian Bar Association (IAB), approved by the plenary session in the same meeting, which warns of the "emblematic and unprecedented legal situation that has arisen with the filing of a habeas corpus petition in favor of the former president."

The Brazilian Bar Association (IAB) states that "habeas corpus is a constitutional instrument to guarantee the freedom of movement, in favor of any person who, in theory, has their freedom restricted," and criticizes the failure to grant it.

"The unusual procedural fact is that a first-instance judge issued a counter-order to a hierarchically superior preliminary decision, ordering the police authority not to comply with the issued release warrant and to await a new decision."

Read the full text of the letter to the president of the Supreme Federal Court:

To Her Excellency Minister Cármen Lúcia Antunes Rocha
President of the Supreme Federal Court

The Brazilian Bar Association (IAB) respectfully addresses Your Excellency, in accordance with the decision approved at the Plenary Session of July 11, 2018, to express the enormous concern of its members regarding the landscape of legal uncertainty generated by the decisions issued last Sunday by members of the Federal Regional Court of the 4th Region, related to the revocation and maintenance of the imprisonment of former President Luís Inácio Lula da Silva.

The episode, in truth, exposed the war of conflicting decisions that has greatly undermined the image and credibility of the Judiciary, an important branch of the Republic currently headed by Your Excellency.

The Brazilian Bar Association believes that this battle of interpretations, within the various levels of the Judiciary, unfortunately follows the same pattern as what has been happening in the Supreme Federal Court itself, due to the lack of a definitive and binding position on the issue of provisional execution of sentences.

Within this context, the Supreme Federal Court itself has set an example of contradictory decisions, with several justices from one panel granting habeas corpus and preliminary injunctions, contrary to the understanding of justices from another panel.

To put an end to this judicial lottery, aiming to restore unity of position among the members of the Judiciary, a measure necessary to preserve the credibility of this extremely important branch of government, the Brazilian Bar Association requests that, immediately after the end of the recess, the Declaratory Actions of Constitutionality Nos. 43-DF, 44-DF and 54-DF be scheduled for judgment in the plenary session of the Supreme Court.

Taking this opportunity, I am forwarding the IAB Note that prompted the sending of this correspondence.

Reiterating our expressions of esteem and consideration, we remain,

Best Regards,

Rio de Janeiro, July 11, 2018.

Rita Cortez
National President of the Brazilian Bar Association

Carlos Eduardo Machado
Secretary-General of the Brazilian Bar Association

NOTE FROM THE BRAZILIAN BAR ASSOCIATION - IAB

The plenary of the Brazilian Bar Association (IAB) also approved, in the ordinary session this Wednesday (July 11th) conducted by the 1st vice-president, Sergio Tostes, a note expressing concern about the "emblematic and unprecedented legal situation that arose with the filing of a habeas corpus in favor of former president Luís Inácio Lula da Silva", last Sunday, at the Federal Regional Court of the 4th Region (TRF4).

According to the IAB (Brazilian Institute of Lawyers), "disrespect for procedural rules and forms by anyone, besides being intolerable, cannot become a tragic routine, not only for the defendant in the case, but for thousands of Brazilians somehow involved with the Criminal Judiciary."

Read the full note below:

The Brazilian Bar Association (IAB) expresses concern about any judicial acts that may represent a disregard for the Constitutional Due Process of Law and the procedural infra-constitutional norms established within the framework of the Democratic Rule of Law, guaranteeing the effectiveness of the Fundamental Rights of the Human Person.

In this context, the unprecedented legal situation that arose with the filing of a Habeas Corpus petition in favor of former President Luís Inácio Lula da Silva is emblematic.

Disrespect for procedural rules and formalities by anyone, besides being intolerable, cannot become a tragic routine, not only for the defendant in this case, but for thousands of Brazilians somehow involved with the criminal justice system.

Habeas Corpus is a constitutional instrument to guarantee the freedom of movement, and can be filed by any citizen, even if they are not a lawyer, on behalf of any person whose freedom is allegedly being restricted.

Whether or not it will be granted will be decided by the Judiciary. If the order is granted provisionally, it must be complied with as it is an express judicial order in a legally sound decision.

An unusual procedural fact is presented in the circumstance of a first-instance magistrate issuing a counter-order to a hierarchically superior preliminary decision, ordering the police authority not to comply with the issued release warrant and to await a new decision.

The sequence of events and the dispute surrounding several rulings were enough to concern legal experts regarding respect for the rules of the democratic game that ensure impartial judiciary free from political pressure.

Also concerning were some statements that attributed the internal disagreements within the Judiciary to the fact that the duty judge came from the constitutional quota for lawyers, suggesting that a change to this important constitutionally enshrined institution, which aims to democratize the Judiciary, was necessary.

The Democratic Rule of Law requires that all branches of government and their institutions be transparent, democratic, and act within the law, and the constitutional provision for the fifth seat is one of the elements that gives effect to the democratic project of 1988.

In light of these events, the Brazilian Bar Association reaffirms its commitment to the constitutionally established legal order and the democratic state that emanates from it, emphasizing the pressing need to obey the Constitutional Due Process of Law.

Rio de Janeiro, July 11, 2018.

Rita Cortez
National President of the IAB

Victoria of Sulocki
President of the Criminal Law Commission of the IAB