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In a precautionary measure granted last Tuesday (12/22), the president of the Superior Court of Justice (STJ), Minister Humberto Martins, replaced the preventive detention of the mayor of Rio de Janeiro, Marcelo Crivella (Republicans), by house arrest. , with the use of electronic ankle brace.
Tomaz Silva / Agência Brasil
Furthermore, the mayor is prohibited from contacting third parties; you will have to hand over your phones, computers and tablets to the authorities; It is forbidden to leave the house without authorization and the use of telephones is prohibited.
The precautionary measures are in effect until Minister Antonio Saldanha Palheiro, rapporteur of habeas corpus filed by Crivella’s defense, analyzes the merits of the request, which must take place after the end of the forensic vacation.
Accused of being involved in a bribery scheme in the mayor’s office, Marcelo Crivella was arrested at his home this Tuesday morning by order of a judge of the Rio de Janeiro Court of Justice, who also removed him from office.
Minister Humberto Martins affirmed that the judge’s decision justifies the need to restrict the politician’s freedom, but does not justify preventive detention.
“Although the court has indicated elements that, in theory, justify preventive detention, I consider that the impossibility of adopting a less burdensome substitute precautionary measure was not characterized, in accordance with article 282 paragraph 6 of the Code of Criminal Procedure” commented the minister, highlighting that, according to the jurisprudence of the STJ, preventive detention should not only be replaced by different precautionary measures when it is essential.
Martins mentioned that Marcelo Crivella is part of the Covid-19 risk group and that is why preventive detention can also be replaced by the home regime, as recommended by Recommendation 62 of the National Council of Justice.
Luiz Silveira / CNJ Agency
End of terms
In the petition for habeas corpus, the defense stated that the arrest warrant is “teratological” and intends to impose “early punishment” on the politician, since it does not substantiate the need for the extreme measure, limiting itself to making considerations on the alleged involvement of the mayor. in the crimes investigated. In addition, the lawyers recalled that, not being reelected, Crivella will leave office on January 1.
These facts, for the defense, make imprisonment unnecessary, either as a guarantee of public order or for the convenience of criminal investigation. They also claimed that the judge who ordered the arrest would not be competent for such an act, since the TJ-RJ would already be in recess, and the president of that court would decide on this matter.
According to the president of the STJ, the defense was not illegal in the action of the judge.
“It seems that no specific elements were provided to the file that demonstrate that the rapporteur was not in full exercise of her functions in the First Group of Criminal Chambers to authorize her action in the forensic recess,” said Martins.
Tip’s HQ
Marcelo Crivella was one of the six people arrested this Tuesday after the investigations of an alleged “Bribery Headquarters” in the city of Rio.
According to the state attorney, the businessmen paid bribes to obtain contracts with the municipality and also to more easily receive the amounts owed by the public coffers.
The investigations originated in the award-winning collaboration of a money changer caught in one of the developments of the “lava jet” in Rio. The MP designates the mayor as the leader of the alleged criminal organization, and also accuses him of passive corruption crimes, active corruption and money laundering. money. With information from the STJ press office.
Click here to read the decision
HC 636,740
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