, 5 tweets, 1 min read
Brazil's Supreme Court is currently revealing its ruling over whether a defendant can be imprisoned before all appeals are exhausted. The ruling could free Lula & others from prison. Unlike in the US, they each read their rulings on live TV, and it takes days to learn the vote...
It's largely assumed that 10 of the 11 votes are known - 5 in favor of a ruling that defendants (like Lula) can be imprisoned after their conviction is affirmed once, 5 in favor of a ruling that all appeals must first be exhausted. The decisive judge is now delivering her vote...
Starting to look strongly like the Anthony-Kennedy-like decisive judge will rule that imprisonment is impermissible until all appeals are exhausted. This ruling would likely free Lula from prison, who still has appeals remaining. Would obviously have huge consequences.
After 5 years of allowing prosecutors & anti-defendant judges whatever they wanted, momentum seems to finally be shifting in Brazil to upholding the rights of criminal defendants again. Prosecutorial corruption is real. Would be extraordinary watching Lula exit his prison cell.
The Brazilian judge expected to be the decisive vote just voted to bar imprisonments until all appeals are exhausted. That likely means (not definitely) that the court's ruling will be 6-5 in favor of that principle, thus freeing Lula & others from prison who still have appeals.
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