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It was singing rap in Santos, where he was born, that he became “André do Rap”. In 1996, at the age of 19, he was arrested for the first time. He won freedom 3 years later.
André was still in jail between 2003 and 2006, and in 2008, always for drug trafficking. Starting in 2010, he assumed a prominent role in the criminal organization that works in and out of prisons, as he became one of those responsible for coordinating international cocaine trafficking from the port of Santos to Europe.
Result of these crimes: two convictions for international trafficking. Together, they add up to more than 25 years in prison.
The sentences were confirmed by the second instance court. But the drug trafficker only went to jail in 2019: he was a fugitive for more than 5 years until he was discovered in a mansion in Angra dos Reis, on the coast of Rio de Janeiro.
André do Rap arrived at the Presidente Venceslau maximum security penitentiary on September 19, 2019. Today the prison has 701 prisoners, all from the same São Paulo faction that operates inside and outside the prison. And all extremely dangerous.
André do Rap wanted to get out of there anyway. He even used the new coronavirus pandemic as a justification. So what was the legal route that allowed the trafficker to be released?
Two months after his arrest, the Federal Supreme Court ruled, by 6 votes to 5, against the arrest in the second instance. In other words, no one can be arrested to begin serving a sentence until all possible appeals are heard. Before that, only if the arrest is preventive. Then, even with two convictions, André do Rap returned to pretrial detention and the defense submitted nine requests for release to the STF, starting in May.
That’s where the other point of all this controversy comes in. In December 2019, Congress approved and President Jair Bolsonaro sanctioned the so-called anti-crime package. One of the nine habeas corpus requested for André do Rap’s defense made precisely the argument that his preventive detention had lasted more than 90 days, without revaluation.
Minister Marco Aurélio, of the STF, analyzed the case and on October 2 decided to release André do Rap, for breach of article 316. With everything within the law, backed by a decision of a minister of the STF, the trafficker returned to streets. THE Fantastic de explains in detail all the discussion that it caused in the highest court of the country last week, after becoming the center of this great controversy. See the video above.
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