However, Judge Joao Pedro Gerbran Neto rejected the decision taken by Favreto the judge on call on Sunday,
The Appeal Court Judge decided to grant freedom to Lula, who has been imprisoned since April 7 in Curitiba over alleged charges of corruption for which investigators failed to provide evidence.
The order determines the suspension of the provisional sentence and grants Lula freedom immediately.
“The release order must be urgently complied with today by the presentation of this order to any police authority at the prison center of the federal police office in Curitiba, where the accused is being held,” says the release order.
"With all due respect, [Mr Favreto] has absolutely no qualified authority to override the decision," said Federal Judge Sergio Moro, who has been the driving force behind Operation Car Wash.
He told police to wait for clarification on the legal impasse.
Judge Joao Pedro Gerbran Neto then stepped in and overruled the decision, ordering police and jail authorities not to take any action.
Lula was sentenced to 12 years in prison for his alleged involvement in the Lava Jato Operation, accused of passive corruption and money laundering, charges he and his supporters flatly deny.
He was granted immediate freedom after the lawmakers Wadih Damous, Paulo Pimenta and Paulo Teixeira submitted a “Habeas Corpus” request to Favreto.
“At the current stage, the illegal and unconstitutional provisional execution of the sentence imposed on the former president Lula can’t stop his political rights neither restrict the right to acts related to his condition as a pre-candidate to president of the republic,” said Favreto, who was a member of the Workers’ Party for 19 years.
Lula's Workers' Party (PT) issued a statement shortly after the decision. "Through the decision of the Favreto, the judicial system, which was so often manipulated to persecute Lula and deprive him of freedom, now recognizes that he has the right to defend himself in freedom in the higher instances, as the Constitution guarantees to everyone," the PT said in a press release Sunday afternoon.
"And it decides, mainly, that society has the right to know, through the voice of Lula himself, his proposals to get Brazil out of this immense crisis, to resume the path of democracy, social justice and the construction of the equality."
#LulaLivre | Juez de primera instancia Sergio Moro publica decisión revocando liberación del expresidente Lula. Abogados denuncian desobediencia, ya que la decisión fue de un juez superior a Moro. pic.twitter.com/dx7B9heVST— André Vieira (@AndreteleSUR) July 8, 2018
#LulaLibre | Hay una guerra de recursos: como es su costumbre cuando se trata de Lula, el juez en 1era instancia Sergio Moro aparece con urgencia (un domingo) para revocar la decisión de un juez en 2da instancia. En los papeles se interpone a la decisión de un superior. Vale todo pic.twitter.com/0TSklCrh3r— Nacho Lemus (@LemusteleSUR) July 8, 2018
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