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The antagonistic decisions of the STF (Federal Supreme Court) on the trafficker André de Oliveira Macedo —- André do Rap, designated as one of the heads of the PCC (First Command of the Capital) – cause wear and tear in the court, evaluated jurists heard by the Twitter.
On Saturday morning (10), the drug trafficker left Presidente Venceslau prison through the main gate. He benefited from a preliminary decision by Minister Marco Aurélio Mello, who understood that his detention was illegal based on article 316 of the anti-crime package (Law 13.964), approved in December last year by Congress. The text says that preventive detentions must be reviewed every 90 days.
“I applied the law because the process does not have coverage, but content. I do not believe the criterion of duty, I am a guardian of the Constitution,” Marco Aurélio told Twitter, referring to the identity of who is reached by the decision. “I cannot enter into subjectivism and guard criteria. My work is linked to the law approved by the National Congress: there is the essence of the Judicial Power.”
The jurist Miguel Reale Jr., university professor and co-author of the impeachment request of President Dilma Rousseff (PT), reacted to the statement of the STF minister: “Pretrial detention is decreed on the basis of the cover, not on the basis of the law. The law says that there must be renewal every 90 days, but that does not exempt you from having a measure of prudence “.
“I know [Marco Aurélio] He did not look at the cover, did not weigh the consequences of his decision. He remained attached to the strict letter of the law, without evaluating the real merit and consequences of that act. The judge has to see the whole. I believe that this formalistic love for the letter of the law, which ignores society and ignores the cover, leads to very unfair situations, ”said Reale Jr.
Hours after André do Rap’s release from prison, the President of the Supreme Court, Luiz Fux, responded to the PGR’s request and suspended Marco Aurélio’s precautionary measure, considering that the decision violated public order. Between one decision and another, the columnist of the Twitter Josmar Jozino, the trafficker, drove to Maringá (PR), where investigators suspect that he boarded a flight to Paraguay. Since then, André do Rap has been considered a fugitive.
Criminalist José Roberto Batochio, former national president of the Brazilian Bar Association (1993-1995), commented that he finds it “strange that a minister can revoke, in a monocratic way, the decision of another minister, his equal and, in addition, a judge natural”. because “. For the lawyer,” it is up to everyone to comply with the law, regardless of who is the beneficiary or the beneficiary. The law must be followed by all, under penalty of not being so by anyone “.
Wálter Maierovitch, a retired judge at the São Paulo Court of Justice, says that Fux did not ignore his colleague, but rather reacted to a demonstration by the Federal Public Ministry. The conflict between ministers, he says, provokes a dissent in which society is left aside. “The interest of society cannot be discovered due to the long judicial process,” he says.
The lawyer believes that, given the exhaustion of preventive detention, Marco Aurélio could have again extended the detention of André do Rap with a “slap on the wrist” warning for the extension of preventive detention, instead of determining the release of the trafficker . “He could officiate by saying ‘I’m extending it one last time, for a shorter time, okay,'” Maierovitch said.
For him, the minister should have considered the peculiarity of the case “very serious.”
Fux did not escape criticism. For the criminalist Alberto Toron, the decision of the president of the STF is absurd.
Precisely Minister Fux, who maintains that there is no place for habeas corpus against an act of the STF minister, used a law made for another situation to suspend the act of Minister Marco Aurélio. He granted a delayed habeas corpus for his arrest. absurd. Amazing. “
Legal surrealism
Public security experts also commented on the release of the CCP chief. The president of the Brazilian Public Security Forum, Renato Sérgio de Lima, described the events as “legal surrealism.”
