Bricklayer: Supreme Court and Fachin submit to Moro
The primary argument that evidence cannot be reviewed in higher courts is used as a cover to conceal what they want to impose: what Sérgio Moro decides, after being "stamped" by his second-instance counterpart, must be accepted on the basis of "what he says goes," leaving no room for questioning any procedural irregularities that may have occurred; read Fernando Brito's article.
By Fernando Brito, editor of brick - Yesterday, yet another scandalous maneuver was carried out to ensure that Lula remains imprisoned and excluded from the political electoral process.
As on other occasions, the Regional Federal Court of the 4th Region alternated between the roles of "hare" and "tortoise" in order to leave the former president with less room to appeal the sentence with which the "supreme judge" Sérgio Moro imprisoned him.
Two months after Lula's defense filed appeals (special and extraordinary) with the Superior Court of Justice, which remained shelved for 42 days awaiting the TRF-4 vice-presidency's notification to the Public Prosecutor's Office regarding the appeal request, the process accelerated and, on the eve of the Supreme Federal Court's judgment, denied the former president the right to appeal to the Court, exactly what Minister Edson Fachin wanted in order to remove the case from the agenda.
Yes, last night, a day largely consumed, including in the courts, by Brazil's World Cup match, which left offices in a kind of optional holiday atmosphere, at 18 pm, Judge Maria de Fátima Labarrère finally signed the inadmissibility ruling for the extraordinary appeal to the Supreme Court.
Dr. Fátima is the same judge who, in a single day, denied, in droves, 11 habeas corpus petitions filed by prisoners of Moro.
In terms of comparisons, the TRF-4 (Regional Federal Court of the 4th Region) played defensively the entire time and, in extra time, set up Fachin to deny Lula the right to have his sentence reviewed, when it was already being discussed that, given the absurd harshness with which he is being treated, he could at least be given the questionable "benefit" of house arrest.
For many days, any discussion was extinguished, as appeals would have to be submitted to the TRF-4 itself and only then to the higher courts regarding the confirmation of the denial of the right to appeal.
The primary argument that evidence cannot be re-examined in higher courts is used as a cover to conceal what they want to impose: what Sérgio Moro decides, after being "stamped" by his second-instance counterpart, must be accepted on the basis of "what's said is said," leaving no room for questioning any procedural irregularities that may have occurred.
And it serves to silence the Supreme Federal Court, which, docile as a lamb, responds with a simple "yes, sir."