Minister Luiz Fux affirms in decision that Lula is ineligible

The president of the Supreme Electoral Tribunal (TSE), minister Luiz Fux, said in a ruling on Wednesday that there is "ingratiating" (evident, notorious) in the eventual candidacy of former President Luiz Inacio Lula da Silva.

After the decision, the PT issued the following note: "The Higher Electoral Court has examined and authorized hundreds of applications similar to those of President Lula. if part of someone with the responsibility of chairing the TSE. "

The PT will make next Saturday (4) a convention to confirm the name of Lula as a presidential candidate. Then, the party will have until August 15 to register the candidacy in the Electoral Court. It is only after this period that parties, coalitions and the prosecution can question the candidacy. The TSE has a rite for judging application records by September 17, 20 days before the first round of the election, on October 7.

In rejecting action brought by citizen Manoel Pereira Machado Neto, who requested the "immediate declaration of ineligibility" of Lula before even registering the candidacy. Fux dismissed the lawsuit on the ground that he was not entitled to the claim. But he stressed that his understanding, Fux, on the subject is "public and notorious."

"The legal controversy in the proceedings is an obstacle to the analysis of the substantive issue in the face of an insurmountable procedural defect," said Fux in the decision. "This is because the lawsuit is filed by a citizen, lacking active legitimacy under the law."

Lula has been imprisoned since the beginning of April and is serving a sentence in Curitiba because of the conviction in the case of the Guaruja triplex in Operation Lava Jato - he pleads not guilty. The former president was sentenced to 12 years and a month in jail, second instance, by a collegiate body, which, by the Clean Tab Act, can prevent him from contesting the elections. This issue, however, needs to be decided by the Electoral Court.