Fux says André do Rap “mocked justice” and votes to maintain prison order | Politics

Fux submitted the vote during the court’s plenary session examining whether the trafficker should be kept free or returned to jail.

For the president of the STF, who is the rapporteur of the lawsuit, the decision of Marco Aurélio Mello, the now dean (oldest minister) of the court, was contrary to the “understanding of this Court” and benefited a faction leader who “remained a fugitive for five years and was convicted of trafficking four tons of cocaine.”

Fux also said that André do Rap “made fun of Justice”, because he took advantage of the decision to “evade immediately” and “committed procedural fraud by indicating a false address” (read below).

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 penalties totaling more than 25 years of prison.

André do Rap was released after a precautionary measure (temporary decision) granted by Minister Marco Aurélio on the last day 2. The minister relied on article 316 of the Code of Criminal Procedure, which establishes that when a preventive detention (provisional ) is not re-analyzed every 90 days by the responsible court, it becomes illegal.

Marco Aurélio Mello affirmed that there was no reevaluation of the preventive detention, which shows the “illegal coercion” of the prison.

• READ MORE: Marco Aurélio freed almost 80 prisoners with the same criteria as the André do Rap case

On Saturday (10), the Attorney General’s Office (PGR) requested the suspension of the precautionary measure, arguing that he was accused of high danger, and the request was attended by Luiz Fux.

The president of the STF understood that there was not a new fact since the arrest was decreed and that reasonableness must be taken into account when analyzing the subject of review every 90 days.

According to Fux, the release of André do Rap compromises public order and security, as he is accused of proven and extremely dangerous and with a double second-degree sentence for transnational drug trafficking.

The STF began trying the drug trafficker’s case on Wednesday afternoon. Fux is the reporter on the case. The trial is carried out without the participation of Celso de Mello, who retired on Tuesday (13) and has not yet been replaced.

When judging the case of André do Rap, The Plenary of the Supreme Court must also define how the Judiciary will interpret the need for review every 90 days. pre-trial arrests: if non-compliance by the relevant court leads to the automatic release of the prisoner or if other issues need to be considered.

In his vote, Minister Luiz Fux affirmed that André do Rap’s dangerousness was recognized in other instances and that the legislation provides for the possibility that the president of the STF suspends the precautionary measures granted by other ministers when there is an obvious risk to the order .

“The incident is extremely rare. Nothing, however, as an extreme measure, ”he said.

Fux also defended that any pronouncement of the STF has persuasive effectiveness, even if it is not binding (mandatory) and that “the STF must be univocal in its manifestations and, even in healthy divergence, it must show cohesion of ideals.”

“Much more than 11 judges, we are a single court,” he said.

Regarding the case of André do Rap, Fux argued that other bodies did not analyze whether there was any illegality in the review of his preventive detention, so the STF could not even have judged the petition for habeas corpus of the trafficker’s defense.

The president of the Supreme Court said that Marco Aurélio’s decision presents “dissonance” with other STF sentences, in which the classes, made up of five ministers, did not grant freedom.

He further stated that the crime package, although recent, has already produced a body of precedent in the Supreme Court “that cannot be ignored.”

“After the suspended decision, other defendants asked for an extension through hundreds of habeas corpus, which could soon, within society, free thousands of highly dangerous agents due to this noagesimal problem.”

According to Fux, “there is no legitimate concession of a court order that abandons the consequentialist contextualist interpretation, the systemic risks.”

The minister also said that Marco Aurélio’s decision was contrary to “the understanding of this Court by granting a precautionary measure, for the benefit of the PCC leader, who remained on the run for five years and was convicted of trafficking 4 tons of cocaine, atrocious crime, in a closed regime, the ordinary courts are exhausted, and another sentence for a crime of the same nature.

“His capture consumed a significant public budget,” Fux said. States spend millions to win back a fugitive from this criminal grandeur. And he took advantage of the decision to evade immediately, committing procedural fraud by indicating a false address. He made fun of Justice, he made fun of Justice ”, said Fux.

• André do Rap enters the list of most wanted criminals by the São Paulo police

“The events that followed the release show the serious damage that has already been done to security and public order,” said Fux. “I repeat, he mocked Justice.”

“The multiplier effect that the decisions of the Supreme Court radiate in the sphere of the Judiciary cannot be ignored, be it monochromatic, collegiate, binding or not. They are decisions of the Supreme Court of the country ”, he added.

Fux argued that its objective is to maintain the “jurisprudence of this Court and, in the first place, it once again enforces collegiality, avoiding individual interpretations of it that are frontally divergent.”

Regarding article 316 of the Penal Code on which Minister Marco Aurélio Mello based the decision, Luiz Fux affirmed that the provision “does not give rise to the automatic revocation of preventive detention” and that the legality and timeliness of the causes prior to the trial must be analyzed before Granting habeas corpus.

“[A soltura] it is only possible through a reasoned decision of the judging body, in the sense of the absence of the reasons that justify caution, and not the mere passage of time ”, he stated.

The Attorney General of the Republic, Augusto Aras, defended the maintenance of the arrest warrant, stating that it is a public and notorious fact that the accused is the leader of a criminal faction that took advantage of the measure to flee.

“He has escaped, he is fleeing,” he said.

Aras also claimed that the lack of review of pretrial detention based on the anti-crime package “has no way of sliding towards the automatic release of the arrested person.”