PEN removes Kakay from office in action regarding second-instance imprisonment.
In compliance with a demand from Jair Bolsonaro, who conditioned his entry into the party on this, the National Ecological Party (PEN) dismissed the lawyer who represented him in the action regarding imprisonment after a second instance conviction: Antonio Carlos de Almeida Castro, known as Kakay; the lawyer was informed of the news through a notarized notification; "It's unusual," he said; "It seems they're going to appoint another lawyer to speak against the action's claim in the Supreme Federal Court. I think it's unlikely that any colleague would accept to play this role. It would be a scandal."
247 - At the insistence of presidential candidate Jair Bolsonaro, the National Ecological Party (PEN) dismissed the lawyer who represented the party in the case regarding imprisonment after a second instance conviction: Antonio Carlos de Almeida Castro. Kakay, as he is known, was informed of the change through a notarized notification.
“It’s unusual,” he said. “It seems they’re going to appoint another lawyer to argue against the lawsuit in the Supreme Federal Court. I think it’s unlikely any colleague would agree to take on that role. It would be a scandal.”
The mastermind behind the legal action challenging the Supreme Court's decision to open the prison doors to those convicted in the second instance, Kakay has found a way to continue his involvement in the process. He will represent the Institute of Penal Guarantees (IGP). Based in Brasília, the organization will ask the case's rapporteur, Minister Marco Aurélio Mello, to be admitted as amicus curiae, a Latin expression meaning "friend of the court."
Justice Marco Aurélio has restarted the process. He will ask the president of the Supreme Court to set a date for the trial. Thanks to a change of position by Justice Gilmar Mendes, the Supreme Court may reinstate the jurisprudence according to which imprisonment can only occur after the final judgment of the case, when there is no longer any possibility of appeal.
The Supreme Court may also choose the alternative of postponing the execution of sentences until the appeals are judged by the Superior Court of Justice (STJ), the third instance of the Judiciary.
The information is Josias de Souza's blog.