The Attorney General’s Office appealed on Tuesday (July 31) of the decision of the Federal Supreme Court that ordered the release of former Civil Affairs Minister Jose Dirceu. For the PGR, Raquel Dodge, the decision, taken by the 2nd Panel, was illegal “with flight to the object and violation of jurisdictional jurisdiction”

Dirceu was released in June of this year by order of ex officio. The group followed the vote of the rapporteur of a petition, Minister Dias Toffoli. According to him, Dirceu’s arrest was illegal because it was enacted as an early execution of his conviction to 30 years in prison for corruption, criminal organization and money laundering.

The former minister, however, has appeals pending judgment in the Superior Court of Justice and in the Supreme Court, and judgments of such requests may alter the sentence and its compliance regime. The decision was taken by majority: Toffoli was followed by the minister Ricardo Lewandowski and Gilmar Mendes.

Raquel Dodge, however, complains of not being summoned, which would make the decision illegal, since the Public Ministry is “representative of society”. It also claims the following reasoning: “The procedurally appropriate means of deducting applications for suspensive effect to special / extraordinary appeals are as follows: incidentally, within the scope of the appeal itself, or principally, in autonomous precautionary measures, filed before the presidency of the Court of First Instance, before the High Court itself “.

The PGR also argues with a social sentiment that would have been fueled by the Supreme’s decision. “By allowing first and second degree prison sentences to be directly reviewed by decision of the last instance of the Judiciary, as in this case, especially in the context of current criminal actions to combat macro-crime, a sense of disbelief is created in due to legal process, besides generating the sensation that, at any moment, the society can be surprised with decisions taken completely outside the procedural compass provided for in the legal order, “he believes.