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Prosecutor Lincoln Gakiya, who has worked for more than ten years in the investigations of the São Paulo Public Ministry (MP-SP) on the PCC, a violent criminal organization that operates outside and inside prisons, says that there were no failures or delays by the MP-SP in the case of André do Rap – leader of the criminal faction that is on the run after a decision by Minister Marco Aurélio Mello, of the Federal Supreme Court (STF). In an interview with CNN on Monday the 12th, Gakiya said that the vice dean of the court’s decision “lacked a little reasonableness,” “not just the literal interpretation” of the crime law.
“The judge must act in a reasonable manner. We are before one of the most dangerous traffickers in the country, who has contact with foreign mafias, who placed more than four tons of cocaine in Europe, who was on the run for more than four years. So it was to be expected that he would escape and not go to his residence as determined by Minister Marco Aurélio, ”he said.
To determine the release of André do Rap, Marco Aurélio relied on an article that was inserted into the Criminal Procedure Code with the sanction of the Anti-Crime Law. “It is very clear in the precept (anti-crime law) that today the prison has a duration of 90 days and the judge of the case can renew it in a motivated act. And the precept itself culminates in the event that the illegality is not renewed. I’m tired of making up my mind like this. The judiciary is a profession of faith for me. I do not see the cover of the process and I do not believe the criterion of duty in itself “, said the minister to Status.
Noting that there was no failure of the Public Ministry in the case, Lincoln Gakiya highlighted that the article cited by Marco Aurélio establishes “precisely that the judge who ordered the arrest must review this decision of his own free will.” “If we are going to take into account only the literal interpretation of the law, the decision rests with the Judiciary, with the judge who issued the preventive measure.”
Article 316 of the Penal Code has the following wording: “Preventive detention has been decreed, the body issuing the decision must review the need for its maintenance every 90 (ninety) days, by reasoned decision, ex officio, under penalty of carrying out the detention. illegal”.
The prosecutor stressed that he respects the opinion of Marco Aurélio, but indicated that the minister does not speak on behalf of the Federal Supreme Court. For CNN, Gakiya pointed out that Minister Edson Fachin has already given “a decision to the contrary in a similar situation.” The vice dean became the target of a series of criticisms, which even came from Governor João Doria (PSDB-SP), who announced a task force to recapture the drug trafficker.
The precautionary measure granted by the minister ended up being revoked by the president of the STF, Minister Luiz Fux. In response to a request from the Public Ministry, Fux ordered André do Rap to “return” immediately to jail, but the alleged strongman of the PCC had already left the Presidente Venceslau Penitentiary, in the interior of São Paulo, when the warrant was issued. judgment. .
As the StatusFux understood that the Court was exposed as to the “seriousness of the constitutional jurisdiction”, according to the magistrate’s interlocutors. The president of the STF stressed that the decision was caused by a request from the Attorney General’s Office and determined the “immediate” return of André do Rap to jail, taking into account the “danger of the freed criminal” and the risk to the society. The trafficker is now a fugitive and is suspected of already being outside the country.
Fux is not giving statements on the case of André do Rap so as not to dispute with the colleague of the court, but he told the interlocutors on Sunday the 11th that he saw “danger” in Marco Aurélio’s thesis, in the sense that, if it would achieve, “Countless“ dangerous ”defendants must be released.
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