There was more at stake than the legal fate of da Silva, 72, who has a considerable lead in the polls for October’s presidential election.
The 6-5 ruling against the former president, who has called his prosecution a ploy to keep him off the ballot, is likely to call into question the legitimacy of the election in the eyes of many Brazilians.
Chief Justice Cármen Lúcia Antunes Rocha cast the deciding vote after midnight, at the end of a marathon session.
The country is still divided over the impeachment of da Silva’s chosen successor, Dilma Rousseff, who was removed from office in 2016 on charges of manipulating the federal budget to hide the nation’s economic problems.
Da Silva has been trying to reclaim the presidency. But last July, he was convicted of corruption and money laundering, and sentenced to almost 10 years in prison. In January, an appeals court upheld the conviction and increased the sentence to 12 years.
Da Silva appealed the sentence to the country’s top court, the Supreme Federal Court, asking to be allowed to remain free while additional appeals are pending.
But on Thursday, the court decided to maintain the status quo, which holds that defendants can be imprisoned after an appeals court upholds a verdict against them. Sérgio Moro, the judge who presided over da Silva’s trial, is now expected to issue an arrest warrant for the former president.
The ruling does not technically disqualify da Silva’s candidacy.
A different body — the Supreme Electoral Tribunal — will review each candidate’s eligibility forms starting in mid-August. It is widely expected to reject da Silva’s bid for office under the “clean slate” law, which disqualifies anyone who has a criminal conviction that has been upheld by an appeals court.
Legal experts say that da Silva could try to fight the electoral court’s ruling if he remained free, but that his imprisonment makes that quest all but impossible.
Source: Pulse.ng
