Lula stays in prison as top judges tussle over release

BRAS LIA: Brazil’s leftist former president Luiz Inacio Lula da Silva remained in prison Wednesday as two supreme court judges issued competing orders over whether he should be released while he tries to get his graft conviction overturned.

Lula, 73, was given unexpected hope earlier in the day when one of the judges, Marco Aurelio Mello, went against a 2016 decision by the full supreme court to say all nonviolent prisoners who had lost an initial appeal could be provisionally freed to challenge their convictions.

That would have included Lula, who lost a first appeal and since April has been serving a 12-year sentence for accepting a bribe from a big Brazilian construction company in the form of a seaside apartment.

But hours later, as Lula’s lawyers scrambled to have the bombshell order applied for their client, the chief justice of the supreme court, Jose Antonio Dias Toffoli, suspended Mello’s order.

While that keeps Lula behind bars, it was not clear if the judicial tussle would end there.

Mello argued that his order could only be overturned by the full, 11-judge court, which had already scheduled an April 10, 2019 hearing to re-examine its 2016 ruling. But Dias Toffoli’s decision backed the public prosecutor’s office, which argued that Mello’s order was invalid unless endorsed by the full court and published in the electronic version of the official judicial journal.

The wrangling is sure to sow confusion just before Brazil’s next president, Jair Bolsonaro, takes power on Jan 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 20032010, 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.