Brazil’s media yesterday scathingly criticised the “legal anarchy” in their country after one judge’s order that could have freed imprisoned ex-president Luiz Inacio Lula da Silva was shot down by another judge.
Lula, a leftist former leader who ruled 2003 to 2010 but who is now behind bars for graft, saw his hopes raised then dashed in the space of a few hours on Wednesday.
A Supreme Court judge, Marco Aurelio Mello, had issued an order that could have seen all prisoners in Lula’s situation — non-violent ones who have lost an initial appeal but continued to challenge their convictions — provisionally released.
But as Lula’s lawyers scrambled to have the unexpected decision applied, the Supreme Court’s chief justice, Jose Antonio Dias Toffoli, stepped in to suspend Mello’s order.
Yesterday’s newspapers headlined the confusion, with some speaking a feud between the judges.
An editorial in the O Globo newspaper spoke of a “country in legal anarchy.”
“This has become routine. Recently the individual wishes of the 11 judges (in the Supreme Court) have overtaken collective decisions,” it read.
Analysts speaking to the Folha de Sao Paulo newspaper diverged on whether Mello’s decision was well-founded, but all agreed that the furore unleashed “weakens the image of the supreme court.”
Lula’s Workers Party was equally unimpressed.
“Unfortunately, because of a series...of infringements on legal process and the constitution, Lula was prevented from leaving prison,” said party chief Gleisi Hoffmann.
“What we are going through in Brazil is really serious, in terms of instability in our institutions and legal system,” she said.
Lula’s lawyers have appealed against the suspension of Mello’s order.
The former president started his sentence in April this year and multiple previous other attempts by his lawyers to have him freed pending further appeals have all failed.
The wrangling is sure to sow confusion just before Brazil’s next president, Jair Bolsonaro, takes power on January 1.
Lula’s imprisonment prevented him from contesting October elections that were won by Bolsonaro, who lambasted the former leader and repeatedly tied Lula’s Workers Party to corruption.
Lula, who ruled from 2003-2010, has said from his cell that he would have easily triumphed in that election — something borne out by voter surveys that showed the ex-president remained broadly popular with Brazilians despite his conviction.
Up to now, the country’s courts had rejected multiple efforts by Lula’s lawyers to secure the ex-leader’s release.
Brazilian Workers Party (PT) president and Parana state senator, Gleisi Hoffmann speaks to supporters of former president Luiz Inacio Lula da Silva outside the police headquarters in Curitiba, Brazil, yesterday.
