Toffoli ruled that the full court would have to take up the case after it returns from holiday recess. Earlier on Wednesday, Justice Marco Aurelio Mello approved an appeal that would have freed Lula, jailed since April.

According to the Brazilian Report, Lula's attorneys had previously placed a request to release him from jail. The request for his release was filed by lawyer Cristiano Zanin in the Justice Forum of Curitiba where Lula is being held. “It is necessary to immediately fulfill the decision of the Supreme Court,” Lula’s lawyers argued.

Mello's ruling  had effectively ordered the release of prisoners whose sentences have not yet been ratified by higher courts. His decision is based on an article in the country's constitution, according to which prison can only be ordered after the appeals process has concluded. In Lula's case, there are two possible appeals before higher courts that remain pending.

The ruling, however, clarifies that release is not automatic and that each case must be analyzed by the presiding judge.