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« Muito Além do Peso | Main | Q&A with Quenia Ribeiro »

December 28, 2012

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Ray

Rachel,

Just a clarification, Minister Joaquim Barbosa actually did not decide, he didn't have a choice regarding the immediate prison of those convicted in the Mensalao scandal. He is just following procedural law.
It's a Brazilian Judicial procedure technicality, you cannot imprison the convicted until the sentence "Transitar em Julgado", which is an obligatory waiting period in the Brazilian Procedural Law. They will be imprisoned as soon as the sentence "Transitar em Julgado" which is sort of when the sentence becomes official. Yeap, I hear you, blame the romans and Roman law for this one... ;)

Abracos
Ray

Rio Gringa

Thanks Ray, a lawyer friend also explained Barbosa's reasoning to me. But she also said that those sentenced could have multiple appeals depending on what happens...so we'll see how it all plays out.

Ray

Exactly, the waiting period is used for the defense attorneys examine the sentence and look at all options for appeals. Trust me, we are all at the edge of our seats watching this one really close... Abracos

Ray

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