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Brazilian judge’s ruling could mean Lula’s release

Lawyers representing former Brazilian President Luiz Inacio Lula da Silva say they have applied for his release following a legal ruling from a Supreme Court judge

FILE - In this April 5, 2018 file photo, Brazil's former President Luiz Inacio Lula da Silva waves to supporters, in Sao Bernardo do Campo, Brazil. Lawyers representing the former leader say they have applied for his release following a legal ruling from a Supreme Court judge. Judge Marco Aurelio ruled Wednesday that individuals who have been convicted, but are at early stage of appeals, should be set free. The judge's decision would apply to da Silva who has been in prison since April and is appealing a conviction for corruption that led to a sentence of just over 12 years in prison. (AP Photo/Nelson Antoine, File)
FILE - In this April 5, 2018 file photo, Brazil's former President Luiz Inacio Lula da Silva waves to supporters, in Sao Bernardo do Campo, Brazil. Lawyers representing the former leader say they have applied for his release following a legal ruling from a Supreme Court judge. Judge Marco Aurelio ruled Wednesday that individuals who have been convicted, but are at early stage of appeals, should be set free. The judge's decision would apply to da Silva who has been in prison since April and is appealing a conviction for corruption that led to a sentence of just over 12 years in prison. (AP Photo/Nelson Antoine, File)Read moreNelson Antoine / AP
    by C.H. Gardiner, The Associated Press
    Published 

RIO DE JANEIRO (AP) — Lawyers representing Brazil's former President Luiz Inacio Lula da Silva rushed to apply for his immediate release from prison following a decision Wednesday by a federal court judge stating that individuals at an early stage of the appeals process should be set free.

The ex-president has been in prison since April after being convicted on charges that during his term from 2003 to 2010 he accepted bribes in exchange for favoring specific companies.

The decision of whether da Silva should be released lays in the hands of the judge responsible for his case.

The ruling by Federal Court Judge Marco Aurelio is a preliminary ruling that will need to be evaluated by the Supreme Court in April. But Aurelio's ruling is binding, though judges have leeway, depending on the circumstances of each case.

However, even if the judge for da Silva's case decides to grant the ex-president his freedom, it is likely that superior judges would overrule the decision, as has happened in the past.

Brazil's Attorney General Raquel Dodge released a statement stating that her office had reviewed Aurelio's decision and is opposed to it, saying that keeping convicts in prison "is necessary to contribute to the end of impunity, and ensure the credibility of government institutions."

Da Silva is the defendant in nine cases related to the “Car Wash” investigation which has upended Brazilian politics and led to the downfall of the leftist Workers Party led by da Silva.