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Lula jailing: Brazilian judges raise and dash prison release hopes | |
(35 minutes later) | |
A Supreme Court judge in Brazil issued a ruling that might have released former president Luiz Inácio Lula da Silva from jail - only to see it overturned by the court's president. | |
Justice Marco Aurélio Mello had ruled that a convicted criminal with a court appeal pending should be freed until the legal process has been exhausted. | |
That would apply to 1,500 prisoners, including Lula who has been in prison since April on corruption charges. | That would apply to 1,500 prisoners, including Lula who has been in prison since April on corruption charges. |
But the chief judge intervened. | |
Chief Justice Jose Antonio Dias Toffoli said he had approved an objection by public prosecutors against Justice Mello's order. | |
This all happened on the day the court was going into recess for the Christmas holidays. | |
How did events unfold? | |
Justice Mello made the unexpected ruling on the issue of imprisoning people whose conviction has been upheld on first appeal - as is the case with Lula. | |
He said they should be allowed to remain out of prison until the final appeal had been heard, a legal process that could take years. | He said they should be allowed to remain out of prison until the final appeal had been heard, a legal process that could take years. |
The judge said a request for release should be made by the prisoner's lawyer to the court that had found them guilty. | |
Gleisi Hoffmann, head of the Workers Party that Lula founded, tweeted soon after the announcement that lawyers had already put in a request for the former president's release. | |
But a while later Chief Justice Toffoli rejected the ruling, saying it would be taken up by the full Supreme Court panel of 11 judges after the holiday break. | |
The full panel of Supreme Court judges is deeply divided on the issue of whether convicted criminals remain free during the lengthy appeals process. | |
They were due to meet in April next year to make a decision on the issue. | |
Who is Justice Mello? | Who is Justice Mello? |
By Leonardo Rocha, BBC World Service Americas Editor | By Leonardo Rocha, BBC World Service Americas Editor |
Marco Aurélio Mello was appointed to the Supreme Court in 1990 by his cousin, then President Fernando Collor de Mello. | Marco Aurélio Mello was appointed to the Supreme Court in 1990 by his cousin, then President Fernando Collor de Mello. |
He has since established a solid reputation in Brazil's highest court, brushing off any allegations of nepotism. | He has since established a solid reputation in Brazil's highest court, brushing off any allegations of nepotism. |
Mr Mello has repeatedly sided with lawyers representing former President Lula on this matter, but there is no suggestion of a political or ideological bias behind his position. | Mr Mello has repeatedly sided with lawyers representing former President Lula on this matter, but there is no suggestion of a political or ideological bias behind his position. |
He believes that Lula's arrest, and that of many other prisoners, infringes basic principles of the Brazilian constitution. | He believes that Lula's arrest, and that of many other prisoners, infringes basic principles of the Brazilian constitution. |
Judge Mello says that anyone still appealing against their sentences should have the right to await in freedom all legal avenues are exhausted. | Judge Mello says that anyone still appealing against their sentences should have the right to await in freedom all legal avenues are exhausted. |
Why was Lula imprisoned? | Why was Lula imprisoned? |
Lula was convicted, in July 2017, of accepting a bribe and was sentenced to more than nine years in jail which, on appeal, was increased to more than 12. | Lula was convicted, in July 2017, of accepting a bribe and was sentenced to more than nine years in jail which, on appeal, was increased to more than 12. |
He also faces other charges of money laundering, influence peddling and obstruction of justice. | He also faces other charges of money laundering, influence peddling and obstruction of justice. |
The former president - who was president from 2003 to 2011 - has always denied the allegations, claiming they are politically motivated. | |
He said they were designed to prevent him from running for president in October, amid polls showing him to be the frontrunner. The election was won by far-right candidate Jair Bolsonaro, who takes office on 1 January 2019. | He said they were designed to prevent him from running for president in October, amid polls showing him to be the frontrunner. The election was won by far-right candidate Jair Bolsonaro, who takes office on 1 January 2019. |
Brazilians are deeply divided over the imprisonment of their former president, so this news is being watched by everyone, the BBC's South America correspondent Katy Watson reports. | Brazilians are deeply divided over the imprisonment of their former president, so this news is being watched by everyone, the BBC's South America correspondent Katy Watson reports. |
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