BRAZILIA, Brazil. – Luiz Inacio Lula da Silva’s defense presented a new appeal on Thursday to the Superior Federal Court of Brazil in which they claims the freedom of the former president.

The request is against the decision of the Fifth Chamber of the Superior Federal Court, which last March denied a preventive habeas corpus requested to avoid Lula’s prison before the total appeals were exhausted in the judicial instances, as it should be according to the Brazilian Constitution.

The admissibility or not of the new appeal will be determined by Minister Edson Fachin, rapporteur of the Lava Jato Operation, who did not grant any benefit to the former dignitary in none of the previous occasions.

If Fachin decides individually to dismiss the requirement, Lula’s defense may appeal with a worsening regimental to be the Second Chamber to resolve whether or not the case should be analyzed.