‘I don’t sit on the bench’, says Marco Aurélio in a trial for the release of André do Rap | Politics

Marco Aurélio Mello granted in the last 2 days the release of the trafficker based on article 316 of the Criminal Procedure Code, interpreting that the passage introduced by Congress when the anti-crime package was approved makes preventive detention illegal, not valued every 90 days .

André do Rap, one of the heads of a criminal faction that works inside and outside São Paulo prisons, has been in prison since September 2019. He was convicted in the second instance for international drug trafficking, with sentences totaling more than 25 years from prison. .

Marco Aurélio’s preliminary (provisional) decision was overturned over the weekend by the president of the STF, Minister Luiz Fux. At the trial, by nine votes to one, the ministers decided to uphold Fux’s decision: the STF has one less minister because Celso de Mello has retired and the substitute has not yet assumed office.

“I don’t feel, despite the numerous criticisms, on the bench. I acted as a judge in this sublime mission of judging by personifying what I have been doing for 41 years ”, said the minister.

As the G1, Minister Marco Aurélio Mello, the new dean (oldest minister) of the STF, has strictly applied the new legislation. There were at least 79 releases for lack of revaluation of prisons by the competent courts, including serious crimes, such as homicide, and minor crimes, such as robbery.

Marco Aurélio Mello defended his decision and said that “a price is paid for being in a democratic state of law and that price is affordable and within everyone’s reach: strict respect for the legal and constitutional regulatory framework.”

“I remain convinced of the right of the precautionary measure that I implemented. And if someone failed, it wasn’t me. I cannot be the scapegoat of the judge of origin, due to lack of diligence of the Public Ministry, the accusing State and / or due to lack of diligence in the representation of the police itself, ”he said.

The minister also said it was not his first decision on the matter, citing a survey by the G1 with 79 similar decisions.

“We could not stop implementing this measure. So it was the first, it was according to the great communication vehicle G1, the 80th or the seventy-ninth decision I made. But, in this case, we had all this commotion to wear down the entire institution that is the Supreme Court, ”he said.

For Marco Aurélio, the decision he made must be reviewed by the class, and not by the plenary, which is the one who decides to appeal the habeas corpus.

“I am staying as speaker, and we will try to have the process ready to present it to the collegiate body, the democratic body par excellence.”

Marco Aurélio also refuted the possibility that the president of the STF revokes the judicial mandates of other ministers.

“Tomorrow, the presidency will be able to revoke a decision of Minister Alexandre de Moraes, Minister Cármen Lúcia, Minister Edson Fachin, Minister Ricardo Lewandowski. And in the past, His Excellency reversed his decision, Minister Ricardo Lewandowski, but the situation did not reach the plenary session. Now it’s here. ”