translated from Spanish: Lula may not be candidate by decision of the Brazilian electoral justice

the Tribunal Superior Electoral of Brazil today vetoed the presidential candidacy of the Uribe Luiz Inácio Lula da Silva, who will be out of the election after having been sentenced to prison in the second instance, on charges of corruption.
The decision was taken by six votes to one, with what the leader more popular abroad and first in polls for the elections of October next, in prison since April 7, is disabled to apply to the Presidency for the sixth time , although the ruling handed down today still can be appealed.
The workers party (PT) had already announced that, in the event of an adverse judgment, intends to use “all resources at its disposal,” despite the fact that legal experts doubt that they can flourish.
The judge opened the way for the disqualification of Lula Luis Roberto Barroso, instructor of the case, who argued for accepting the complaints filed against his candidacy on the basis of a law known as “Clean sheet”.
According to this legislation, paradoxically adopted by Lula in 2010, when he was still in power, everyone with a confirmed in second instance sentence has prevented run for any elective office.
Even with this legal impediment, the PT enrolled in the electoral tribunal on 15 August the candidacy of Lula, accompanied in the formula by the former Minister of education and former Mayor of São Paulo Fernando Haddad, who now emerges as the most likely standard-bearer Presidential of such training.
Barroso denied each of Lula defense arguments, mostly supported by one prudential of the United Nations Human Rights Committee that called for guarantees for their participation in the elections, about which stated that “it is not binding”.
Even so, lawyers of the former President claimed that that decision should be fulfilled, because Brazil are a subscriber of the International Covenant on Civil and political rights, invoked by the abovementioned Committee.
According to Barroso, in addition to the non-binding character of that decision, Brazil not joined yet its legislation the Covenant, so that agreement “it has no character of law” in the country.
Added that, in addition, the UN Committee spoke out “without having heard the Brazilian State”, made it through “just two of its 18 members” and promised to discuss the merit of the issue “only next year”, after the elections in Brazil and with the new President already.
Anyway, it said that the Court had a “duty” of hearing the arguments of the Committee, but they warn of a “risk” of violation of the rights of Lula, which “not is based”, because his candidacy restrictions are dictated by a Brazilian law.
Lula was imprisoned last April 7, sentenced to 12 years for corruption and laundering of money on issues linked to the scandals in the State Petrobras, which would have benefited with a beach apartment delivered in the form of Commission by one Builder, an accusation that justice was considered proven.
Even so, polls say has nearly 40% of the voting intentions, followed by the ultra-right Jair Bolsonaro, with about 20% of the preferences.

Original source in Spanish

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