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“As long as guilt has not been established, by means of a title from which there is no further appeal, the accused has the right – which I indicate as natural – which is the right to flee,” wrote the STF (Federal Supreme Court) minister Marco Aurélio Mello, in 2009, defending the freedom of former banker Salvatore Cacciola.
Cacciola fled after receiving habeas corpus from the minister at that time, as did André Oliveira Macedo, 43, André do Rap at the weekend, accused by the São Paulo authorities of being the main head of the PCC in Santos (SP) and the link. between the São Paulo faction and the Italian ‘Ndrangheta mafia in Brazil.
In addition to André do Rap and Cacciola, Marco Aurélio has already released people whose crimes have been recognized inside and outside Brazil, such as former goalkeeper Bruno, convicted of killing Eliza Samúdio, and Regivaldo Pereira Galvão, Taradão, convicted of killing the northern missionary. The American Dorothy Mae Stang, in Pará.
The minister ordered the release of André do Rap in early October, arguing that he had been in prison without a final sentence since December 2019. [na verdade, ele foi preso em setembro de 2019]. And that contravened article 316 of the CPP (Criminal Procedure Code), which establishes that preventive detentions must be reviewed every 90 days.
According to researchers interviewed by the columnist of the Twitter Josmar Jozino, leaving the Penitentiary 2 of Presidente Venceslau, on the morning of last Saturday, André do Rap went to the city of Maringá (PR) and, from there, he took a private plane to Paraguay. Currently, a working group is trying to recover it.
Goalkeeper Bruno
In February 2017, former Flamengo goalkeeper Bruno Fernandes de Souza, convicted of triple qualified homicide and concealment of Eliza Samudio’s body, left prison through the main door following a decision by Minister Marco Aurélio Mello.
Bruno’s defense argued that the injunction was expired, since more than three years had passed since the trial without review of the appeal. Mello understood that the foundations of the ordered preventive detention were no longer supported.
“At this point, without any fault, the patient has been in prison for 6 years and 7 months. Nothing, absolutely nothing, justifies this fact. The complexity of the process can lead to a delay in the evaluation of the resource, but never to the projection, in time, Custody that has the character of provisional, “he wrote at the time.
Two months later, when he was hired again to play soccer, by Boa Esporte Clube (MG), the First Chamber of the Supreme Court reversed Marco Aurélio’s preliminary decision. He returned to prison immediately. Until, last year, he benefited from the semi-open regime.
Tarada
In May 2018, Marco Aurélio delivered habeas corpus to the farmer Regivaldo Pereira Galvão, Taradão, sentenced to 30 years in prison for the 2005 murder of Dorothy Stang, in Anapu (PA).
In the decision, the minister stated in the ruling that the court annulled the appeal on the grounds that the Jury Court concluded by fault. “He gave the patient all the evidence as guilty, although the verdict of the judges was not ruled out,” he wrote.
Sister Dorothy, as she was known, was in charge of creating the first sustainable development program in the Amazon, in Anapu. With the project, Incra confiscated their lands from farmers and loggers.
In addition to Taradão, four other accused of the crime were tried and convicted. They are: Vitalmiro Bastos Moura, Amair Feijoli da Cunha, Rayfran das Neves Sales and Clodoaldo Carlos Batista.
Salvatore Cacciola
Salvatore Cacciola, former owner of Banco Marka, was involved in a scandal in January 1999, when the real depreciated against the dollar: the Central Bank raised the dollar price ceiling from R $ 1.22 to R $ 1.32 .
With the debts assumed in dollars, Cacciola would have asked the then president of the Central Bank, Francisco Lopes, for help, who sold dollars at a cheaper price than the market. The operation resulted in a loss of R $ 1.5 billion for the public coffers.
In 2000, Marco Aurélio granted habeas corpus to the banker, who subsequently fled. “There is a need for concrete information on dangerousness, as for the attempt to influence to hinder the application of criminal law, but always with concrete data,” he argued at the time.
