Supreme Court authorizes cancellation of Lula's trial at the Superior Court of Justice.
According to former President Lula's defense team, the procedural deadline to challenge the virtual trial was not met, and therefore the trial at the Superior Court of Justice (STJ) is irregular.
247 - By decision of STF minister Edson Fachin, the procedural deadlines for holding a virtual trial of former president Lula's appeal in the case of the triplex apartment in Guarujá (SP) must be followed by the Superior Court of Justice (STJ).
“In this vein, and also according to the internal regulations of the Superior Court of Justice, virtual judgment sessions must be preceded by the inclusion of the case, by the rapporteur, on the electronic platform, through the respective publication of the agenda in the electronic Official Gazette, five working days in advance of the scheduled start of the judgment,” Fachin wrote.
"The procedural record shows that the case was included on the docket for judgment in the virtual session of April 22, 2020, [...] a procedural fact that, at least in this summary assessment, presents indications of possible disagreement with the rule governing judgments in a virtual environment," he added.
The process began to be analyzed last week and was due to end this Tuesday (28). However, according to the former president's defense, the regulatory deadline to contest the virtual trial was not opened and, therefore, the trial is irregular.
"Any trial that may take place under these circumstances will be null and void, as it violates the rules of procedure and due process in its entirety [...], including the guarantees of the right to a fair hearing and full defense," states the former president's lawyer, Cristiano Zanin.