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Lula: Brazil court ruling could free jailed ex-president | Lula: Brazil court ruling could free jailed ex-president |
(about 1 hour later) | |
Brazil's top court has voted to overturn a rule about the jailing of criminals - a change which could lead to ex-President Luiz Inácio Lula da Silva being freed from custody. | Brazil's top court has voted to overturn a rule about the jailing of criminals - a change which could lead to ex-President Luiz Inácio Lula da Silva being freed from custody. |
The ruling, announced on Thursday, stipulates that convicted criminals should go to prison only after they have exhausted their appeal options. | The ruling, announced on Thursday, stipulates that convicted criminals should go to prison only after they have exhausted their appeal options. |
The change could lead to the release of thousands of prisoners, including Lula. | The change could lead to the release of thousands of prisoners, including Lula. |
The left-winger led Brazil between 2003 and 2010, but was jailed last year. | The left-winger led Brazil between 2003 and 2010, but was jailed last year. |
He was favourite to win last year's presidential election but was imprisoned after being implicated in a major corruption investigation. | He was favourite to win last year's presidential election but was imprisoned after being implicated in a major corruption investigation. |
However, even if he is released, he will be barred from standing for office because of his criminal record. | |
Lula has consistently denied all the accusations against him and claims they are politically motivated. | Lula has consistently denied all the accusations against him and claims they are politically motivated. |
After he was barred from running, right-wing candidate Jair Bolsonaro went on to win the race. | After he was barred from running, right-wing candidate Jair Bolsonaro went on to win the race. |
Lula's lawyers say they will seek the former president's "immediate release" after speaking to him on Friday. | Lula's lawyers say they will seek the former president's "immediate release" after speaking to him on Friday. |
What was the ruling? | What was the ruling? |
Justices voted to reinterpret the country's penal code in a six-five vote issued on Thursday. | Justices voted to reinterpret the country's penal code in a six-five vote issued on Thursday. |
It overturns a three-year-old rule which mandated immediate prison time for convicted criminals after they lost their first appeal. | It overturns a three-year-old rule which mandated immediate prison time for convicted criminals after they lost their first appeal. |
Brazil's corruption scandal, known as Operation Car Wash, initially centred on the state-run oil company Petrobras, but subsequently billions of dollars of bribes were uncovered - and dozens of high-profile business leaders and politicians were jailed. | Brazil's corruption scandal, known as Operation Car Wash, initially centred on the state-run oil company Petrobras, but subsequently billions of dollars of bribes were uncovered - and dozens of high-profile business leaders and politicians were jailed. |
The mandatory imprisonment rule was seen as helping prosecutors secure convictions and unravel the major corruption scandal by encouraging suspects to negotiate plea deals. | |
But critics claimed it violated Brazil's constitution - which states that no one can be deprived of their liberty without due process of law. | |
The country's Car Wash task force described Thursday's overturning as being "inconsistent" with efforts to fight corruption. | The country's Car Wash task force described Thursday's overturning as being "inconsistent" with efforts to fight corruption. |
The proposed change was also opposed by Sergio Moro, the judge who sentenced Lula, who is now serving as Mr Bolsonaro's justice minister. | The proposed change was also opposed by Sergio Moro, the judge who sentenced Lula, who is now serving as Mr Bolsonaro's justice minister. |
Chief Justice Jose Antonio Dias Toffoli, who cast the deciding vote, said releases would be made on a case-by-case basis. | Chief Justice Jose Antonio Dias Toffoli, who cast the deciding vote, said releases would be made on a case-by-case basis. |
The change could affect almost 5,000 prisoners, according to National Council of Justice estimates. | The change could affect almost 5,000 prisoners, according to National Council of Justice estimates. |
What was Lula accused of? | What was Lula accused of? |
Lula was jailed in 2018 after being sentenced to more than 12 years in prison, later reduced to eight years and 10 months, for receiving a beachside apartment from an engineering company implicated in the Car Wash investigation. | Lula was jailed in 2018 after being sentenced to more than 12 years in prison, later reduced to eight years and 10 months, for receiving a beachside apartment from an engineering company implicated in the Car Wash investigation. |
Earlier this year, he was sentenced to another 12 years after being found guilty of accepting bribes in the form of renovation work at a country house from construction companies. | Earlier this year, he was sentenced to another 12 years after being found guilty of accepting bribes in the form of renovation work at a country house from construction companies. |
Lula, 74, argues all the charges made against him are politically motivated. | Lula, 74, argues all the charges made against him are politically motivated. |
He is former trade union activist and remains an iconic and popular figure for the left. | He is former trade union activist and remains an iconic and popular figure for the left. |
Gleisi Hoffman, the leader of Lula's Worker's Party, called Thursday's development "a very important step to strengthen democracy and the constitution at a time when they are under threat from an extreme-right government." | Gleisi Hoffman, the leader of Lula's Worker's Party, called Thursday's development "a very important step to strengthen democracy and the constitution at a time when they are under threat from an extreme-right government." |