Dirceu appeals to the Supreme Court against Barbosa's decision.
In the appeal, the former minister's defense defended the previous decision of Minister Ricardo Lewandowski and stated that the acting president did not need to consult the Public Prosecutor's Office or the Criminal Enforcement Court of the Federal District because it was an urgent request; "No magistrate can, without just and proven reason, fail to apply to the sentenced prisoner the rights guaranteed by the Law of Criminal Enforcement, which concern his freedom," the defense stated; full text.
André Richter - Reporter for Agência Brasil
The lawyer for former Chief of Staff José Dirceu has appealed to the full Supreme Federal Court (STF) against a decision by the Court's president, Justice Joaquim Barbosa. José Luiz Oliveira requested a review of Barbosa's understanding, which overturned a decision by the STF's vice-president, Ricardo Lewandowski, made during the Judiciary's recess, ordering the Federal District Court to immediately analyze Dirceu's request for permission to work outside the jurisdiction.
In the appeal, the lawyer defended Lewandowski's decision and stated that the acting president does not need to hear from the Public Prosecutor's Office or the Criminal Enforcement Court (VEP) of the Federal District because it is an urgent request. "This was a clear violation of the rights of a citizen who is imprisoned and, moreover, is over 60 years old, thus having legal priority in the processing of his criminal enforcement. No magistrate can, without just and proven reason, fail to apply to the sentenced prisoner the rights guaranteed by the Law of Criminal Enforcement, which concern his freedom," the defense stated.
On Monday (10), Barbosa overturned Lewandowski's decision, understanding that the minister did not comply with due process, such as requesting an opinion from the Public Prosecutor's Office and the judge of the VEP.
Dirceu's defense appealed to Lewandowski after the former minister's request for outside work was suspended by the VEP (Prison Execution Court), following a report in the Folha de S.Paulo newspaper that the former minister spoke by phone, from inside prison, with the Secretary of Industry, Commerce and Mining of Bahia, James Correia.
Upon reviewing an appeal from Dirceu's defense, which presented reports from the administration of the Federal District's prison system, Lewandowski concluded on January 29th that there was no evidence that the defendant had used a cell phone inside the Papuda prison. Therefore, the VEP (Prison Execution Court) should revoke the 30-day suspension and re-examine Dirceu's request.
Below is the request in its entirety: