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BRASÍLIA – Minister Marco Aurélio criticized the decision of the President of the Federal Supreme Court (STF) Luiz Fux to have the drug trafficker André do Rap arrested, appointed as head of the PCC. He had been released hours earlier, on Saturday, according to Marco Aurélio, who said he had acted in strict compliance with the law.
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According to Marco Aurélio, Fux wanted to “play for the mafia” and “give a circus to whoever wants a circus” with the arrest of the trafficker. To justify his decision, Marco Aurélio mentions an extract from the anti-crime package, sanctioned at the end of last year, which determines that preventive detention lasts 90 days and can, with a motivated act, be renewed.
– The process for me is not covered. The unfortunate thing is that autophagy is practiced in the Supreme. It is terrible for the institution, which is already very worn out. I have never seen the institution so worn down, and this autophagy leads to discredit – he told GLOBO this Sunday.
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Marco Aurélio quoted Minister Gilmar Mendes, who said a few days ago that the President of the Supreme Court is a “coordinator” and not a superior of the other ministers. Fux recently became president.
– He’s not superior to anyone. Superior is the collegiate (set of ministers).
Although André do Rap was sentenced in the second instance, his claim has not yet been resolved, the minister says. For this reason, their decision to release the trafficker followed last year’s STF understanding of the second-instance incarceration.
– The execution of the sentence presupposes res judicata, was what the Supreme Federal Court said. It didn’t happen, patience. Although custody is not final, it is provisional, procedural.
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André do Rap was released from Presidente Venceslau prison in São Paulo, following Marco Aurélio’s decision this Saturday. Following the arrest warrant for Fux, which ordered the arrest of the trafficker at the request of the Attorney General’s Office, he is considered a fugitive.
Marco Aurélio also says that “if there are culprits” in history, it is the Public Ministry and the Civil Police of São Paulo, who did not represent, asking for the renewal of the preventive prison, so its maintenance would be illegal, according to the minister.
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– If there is guilty, it is the one who has not renewed custody. The Public Ministry that did not cause this renewal, the Police, that did not represent the renewal either. I hate the Brazilian style.
André do Rap has been in prison since the end of 2019 without a final sentence.
São Paulo’s Public Security Secretariat said in a statement that police from the State Department of Criminal Investigations (DEIC), Homicides and Protection of Persons (DHPP) and Special Operations of the Police (DOPE) are looking for André do Rap. since Saturday.
