Lula: "How can I comment on the Supreme Court's decision?"

247 - Former President Lula said on Thursday, the 14th, that he was not the right person to comment on the decision of the Supreme Federal Court (STF), which yesterday ordered the immediate imprisonment of defendants in Criminal Action 470. "Who am I to make any insinuation or judgment of the Supreme Court?", questioned Lula, who was in Brasília, where he participated this morning in the ceremony that received the mortal remains of former President João Goulart.

"I think that those who have to disagree or not are the lawyers, who legally have to know if it can be done or not," Lula added. The expectation was that the warrants would be detailed in Thursday's session, including the release of the list of defendants who would be arrested, but the ministers did not discuss the matter in plenary during the entire session, which ended shortly after 17 pm.

Lula had lunch today with President Dilma Rousseff and ministers Aloizio Mercadante (Education) and José Eduardo Cardozo (Justice) at the Alvorada Palace, where he stayed for about three hours. He said that the subject was not discussed with Dilma during the meeting, but when asked what was talked about, he replied: "I can't say."

Arrests next week

With the matter postponed this Thursday, the likelihood is that the warrants will be issued early next week by the president of the Supreme Court, Joaquim Barbosa. The court's understanding was that the Republic Proclamation holiday, this Friday the 15th, could hinder the execution of the arrests, which is the responsibility of the Federal Police.

Barbosa today ordered his staff to calculate the sentences of defendants who no longer have the right to appeal. For those convicted who can still file appeals, such as José Dirceu, the sentence for the crime of forming a criminal organization will be removed, as this is the only crime whose final decision on the sentence can be altered. The calculation will be useful in determining which arrest warrants will be issued by the Court and who will serve their sentences in closed, semi-open, and open regimes.

Supreme Court ends session without deciding on prison sentences for those convicted in the Mensalão scandal.

From Agência Brasil

Brasilia – The Supreme Federal Court (STF) ended today's plenary session (14) without defining the sentencing of the defendants convicted in Criminal Action 470, the mensalão trial. In yesterday's session (14), the majority of ministers determined the end of the process for some defendants and the immediate execution of the sentences, but did not define who will go to prison. The expectation was that the issue would be decided in today's session, but the matter was not brought to the plenary.

When the arrests are determined, it will be up to the Federal District Criminal Execution Judge to execute them. All prisoners must be transferred to Brasília, but they may request to serve their sentence in the cities where they live. The arrests must be carried out at the beginning of next week, due to the Republic Proclamation holiday, tomorrow (15).

Initially, 16 defendants may have their sentences executed immediately. Four will serve time in a closed regime, seven in a semi-open regime, and two in an open regime, in addition to three alternative sentences. However, the official list of prisoners has not yet been released by the Supreme Federal Court.

The decision on sentencing was taken yesterday (13) after the ministers rejected the second motions for clarification filed by the defendants convicted in the case. The ministers followed the dissenting vote of Teori Zavascki. The minister understood that all defendants can have their sentences executed, except for the crimes in which they questioned the convictions through the motions for clarification, a remedy provided for defendants who obtained at least four votes for acquittal.

These resources also apply to defendants who did not obtain four votes for acquittal. Since the dissenting vote prevailed, the Supreme Court is still compiling a list of the defendants who will be imprisoned immediately. The rapporteur of the criminal case, Joaquim Barbosa, was in the minority and argued for the execution of the sentences of the 21 defendants convicted in the case.