Brazilian Federal Supreme Court Overturns “Second Instance” Imprisonment

This decision paves the way for former President Luiz Inácio Lula da Silva to be released. This measure was regarded as one of the pillars of Operation Lava Jato.

RIO DE JANEIRO, BRAZIL - The Federal Supreme Court (STF) overthrew yesterday, November 7th, the so-called "second instance" imprisonment, returning to the opinion that a convicted defendant need only begin serving his sentence after all court appeals have been exhausted.

A court majority comprising Justices Dias Toffoli, Marco Aurélio Mello (rapporteur of the case), Rosa Weber, Ricardo Lewandowski, Gilmar Mendes, and Celso de Mello, voted against imprisonment before the conviction has become final, with no further appeals . . .

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