The minister, of the (Supreme Federal Court), cited the arrest of (PT) in 2018 when determining that the former president (PL) serve his sentence at the Federal Police Superintendence in Brasília.
In the decision that determined Bolsonaro’s definitive conviction, the magistrate states that the former president must remain in the General Staff room of the PF building in the capital. He cites a 2019 Supreme Court case, reported by minister Edson Fachin, which confirmed Lula’s stay in prison in a room at the Federal Police Superintendence in Curitiba.
Moraes, however, got the action number wrong, referring to petition 8.213/PR, when in fact Lula’s case was in petition 8.312/PR.
“The arrest warrant is issued, which must be served at the Regional Superintendency of the Federal Police in the Federal District […]and the defendant must remain in that General Staff room (PET 8.213/PR – MC, Rel. Min. EDSON FACHIN, j. 07/08/2019), where he is being held due to preventive detention”, Moraes wrote in the decision.
On that occasion, the Supreme Court suspended a decision by the Federal Court in Curitiba and the Criminal Execution Court of São Paulo that determined Lula’s transfer to the Tremembé penitentiary, in the interior of São Paulo.
Lula had been arrested at the PF headquarters in Curitiba. The transfer of the PT member was a request from the Federal Police superintendent, Luciano Flores, who argued that the arrest of the PT member from the PF.
The transfer provoked a strong reaction in Congress — with criticism from both allies and opponents of the PT member. The then president of the STF, Dias Toffoli, received parliamentarians from the Chamber and Senate, from various parties, at a hearing, who criticized the Court’s decision.
The president’s defense appealed to the STF. The court’s plenary decided, by 10 votes to 1, to keep Lula as superintendent. In addition to Fachin, ministers Alexandre de Moraes, Luís Roberto Barroso, Luiz Fux, Rosa Weber, Cármen Lúcia, Ricardo Lewandowski, Gilmar Mendes, Celso de Mello and the president of the court, Dias Toffoli, voted in this regard. Only Minister Marco Aurélio disagreed.
after 580 days imprisoned at the headquarters of the Superintendency of the Federal Police of Paraná, in Curitiba.
The ex-president’s release occurred one day with a vote of 6 to 5, which (the end of the appeals), which has allowed arrest immediately after conviction in the second instance.
The PT member was trapped in a 15 square meter space, with a bathroom, in an isolated place, on the top floor of the building. He had no contact with other prisoners, who live in the prison, on the first floor.
Lula had been convicted on charges of accepting ownership of a triplex in Guarujá as a bribe paid by OAS in exchange for a contract with Petrobras, which he always denied.
