BRAZILIA, Brazil. – Next Wednesday, the Supreme Federal Court of Brazil could declare as unconstitutional the arrest of convicts in the second instance, like former President Luiz Inacio Lula da Silva´s case.

The Court’s Minister, Marcus Aurelius Mello, should bring to the court a declaratory constituent action introduced by the National Ecological Party, and a similar one presented by the Order of Lawyers, which seek to suspend the execution of the sentence of convicts in second instance.

In this way, a provision by the Supreme Federal Court itself, which contradicts the constitutional text establishing that every sentenced is entitled to remain free until the sentence is firm, could be set aside.

If the Supreme Court modifies the rule that admits to arresting people convicted in the second instance but still having judicial remedies, Lula could be released.