39
National Meeting of the Workers Party] and the launch of the presidential candidacy
of Luíz Inácio Lula da Silva in Brazil. In this request, Mr. Canese offered “the joint
and several, personal surety of both the lawyers representing him.”85 On April 28,
1994, Ricardo Canese and his lawyers submitted a brief to the First Criminal Trial
Court asking them to take a decision on his request for authorization to leave the
country “with the guarantee and surety of both the lawyers representing him.”86
Also, the same day, Mr. Canese and his lawyer submitted another brief to the same
Court, in which Mr. Canese offered “to provide a material surety” and stated that “he
was domiciled, because he was the owner of two properties.”87 On April 20, 1994,
the Court forwarded these requests to the complainants,88 who submitted a brief to
the Court “opposing the permission requested” by Ricardo Canese to leave the
country, because “he [was] involved in a lawsuit; especially, because it was a
criminal proceedings and he had to remain subject to the jurisdiction of the judge
hearing the case.”89
69(53) On April 29, 1994, the First Criminal Trial Court issued interlocutory order
No. 409, deciding “not to authorize [Ricardo Canese] to leave the country,” because
it considered that the reason alleged (supra para. 69(52)) “was not sufficient” to
authorize his departure from the country and that, since he was pending compliance
with a sentence, Mr. Canese should remain subject to the jurisdiction of the judge of
the case. Moreover, the judge indicated that “Art. 708 of the Code of Criminal
Procedure authorize[d] the Court to order the detention of a defendant, if he
85
Cf. brief submitted by Ricardo Canese and his lawyers to the First Criminal Trial Court on April 18,
1994 (copy of the file of the criminal proceeding against Ricardo Canese for the offenses of slander and
injuria before the First Criminal Trial Court, file of attachments to the brief answering the application, and
with observations on the brief with requests and arguments, tome I, attachment 4, folios 899 to 900); and
invitation dated March 30, 1994, to the “IX Encontro Nacional do Partido dos Trabalhadores” and the
launch of the presidential candidacy of Luíz Inácio Lula da Silva, signed by the Secretary of International
Relations of the Workers’ Party and addressed to Ricardo Canese (copy of the file of the criminal
proceeding against Ricardo Canese for the offenses of slander and injuria before the First Criminal Trial
Court, file of attachments to the brief answering the application, and with observations on the brief with
requests and arguments, attachment 4, folios 897 to 898).
86
Cf. brief dated April 28, 1994, presented by Ricardo Canese and his lawyers to the First Criminal
Trial Court (copy of the file of the criminal proceeding against Ricardo Canese for the offenses of slander
and injuria before the First Criminal Trial Court, file of attachments to the brief answering the application,
and with observations on the brief with requests and arguments, tome I, attachment 4, folio 904).
87
Cf. brief dated April 28, 1994, presented by Ricardo Canese to the First Criminal Trial Court (copy
of the file of the criminal proceeding against Ricardo Canese for the offenses of slander and injuria before
the First Criminal Trial Court, file of attachments to the brief answering the application, and with
observations on the brief with requests and arguments, tome I, attachment 4, folio 905); public deed of
property transfer to Ricardo Canese of November 29, 1979; public deed of property transfer to Ricardo
Canese of August 18, 1986; and public deed of property transfer to Ricardo Canese and Vicenta R. Atunez
de Canese of May 24, 1990 (copy of the file of the criminal proceeding against Ricardo Canese for the
offenses of slander and injuria before the First Criminal Trial Court, file of attachments to the brief
answering the application, and with observations on the brief with requests and arguments, tome I,
attachment 4, folios 906 to 926).
88
Cf. decision of the First Criminal Trial Court of April 20, 2004 (copy of the file of the criminal
proceeding against Ricardo Canese for the offenses of slander and injuria before the First Criminal Trial
Court, file of attachments to the brief answering the application, and with observations on the brief with
requests and arguments, tome I, attachment 4, folio 902).
89
Cf. brief dated April 28, 1994, presented by the complainants’ lawyer to the First Criminal Trial
Court (copy of the file of the criminal proceeding against Ricardo Canese for the offenses of slander and
injuria before the First Criminal Trial Court, file of attachments to the brief answering the application, and
with observations on the brief with requests and arguments, tome I, attachment 4, folios 930 to 931).
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