Judge denies jailed Lula’s request to attend brother’s funeral … he didn’t attend other brothers’ funerals as President

Jan 31, 2019 News

GLOBO NEWS – The 12th Federal Criminal Court of Curitiba denied the request of former President Luiz Inacio Lula da Silva to attend the funeral of Brother Genival Inácio da Silva, 79, who died on Tuesday morning (29) . The defense filed an appeal in the TRF-4 (Regional Federal Court of the first region) even before the ruling, and Judge Leandro Paulsen maintained the sentence late in the morning.
Notably, the former Brazilian leader lost two of his brothers while he was Brazil’s head of state, but attended neither.
Judge Carolina Lebbos’s dispatch, published early Wednesday morning, followed the statements of the Federal Police and the Public Prosecutor’s Office, which stated that there was no time for the transport logistics of the former president to be carried out in time for the end of the burial of Lula’s brother.
The burial is scheduled for 1pm next Wednesday.
Lula’s defense demanded the release based on article 120 of the Criminal Enforcement Act, which says that “condemned persons serving a sentence in a closed or semi-open regime and provisional prisoners may obtain permission to leave the establishment, by escort, when death or serious illness of the spouse, partner, ascendant, descendant or brother”.
The judge stated that “it is not insensitive to the nature of the defense’s request” but that “it is necessary to preserve the public safety and physical integrity of the prisoner” to deny the request.
Lebbos considered the MPF’s argument, which stated that the law states that prisoners “may” be released but that there is no guarantee that this will happen. According to the judge, the text of the law “expresses notion of possibility”.
PF claims

Former Brazillian President, Luiz Inacio Lula da Silva and his brother, Genival Inácio da Silva

In the opinion filed with the court, PF argued that there was no time for Lula’s arrival at the funeral before the end of burial rites, even if an aircraft was flown to Curitiba to transport the former president.
The demonstration also says that the final part of the route to the cemetery would have to be carried out by car and that this “potentializes the risks already identified and demands a control and interruption of roads in the vicinity.”
PF stated that a risk analysis was carried out which took into account the following situations: Escape or rescue of former president Lula; Attack on the life of former president Lula; Attacks against public agents; Commitment to public order; Protests from supporters and supporters of former President Lula; Protests from pressure groups opposed to former President Lula.
The opinion also says that there is no police force to ensure that none of these situations happen.
The prosecutors affirmed that Lula “is not a common prisoner and that the logistics to carry out his escort depends on a previous time of preparation and planning”.
Habeas corpus no TRF4
Even before the decision of the 12th Federal Criminal Court of Curitiba, Lula’s defense filed a petition for habeas corpus in the Federal Regional Court of the 4th Region (TRF4) .
Judge Leandro Paulsen, who reviewed the petition and published an order before the decision of Carolina Lebbos, stated that the competent authority to give a decision is the first instance, and that TRF4 should only rule after the judge’s order.
After the decision of the Lava Jato judge, Paulsen published another dispatch , following the decision of the 12th Circuit Court of Curitiba.
Order
Lula’s defense filed the request for release demanding that it be examined urgently so that the former president had time to attend the funeral, which was scheduled for 13:00 hrs on Wednesday.
The request was based on Article 120 of the Criminal Enforcement Act, which provides for release in the case of the death of relatives as sibling. The law, however, cites that it is necessary that the released person be escorted by the police.
On December 25, the Justice denied another request from Lula to attend a funeral, this time of the former federal deputy Luiz Carlos Sigmaringa Seixas.

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