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Faced with the risk of compromising public order and due to the suppression of one instance, the president of the Federal Supreme Court, Minister Luiz Fux, suspended this Saturday (10/10) the preliminary order granted by Minister Marco Aurélio and determined that the dealer André Oliveira Macedo, André Rap, is arrested again.
Fux pointed out that the precautionary measure was issued by the vice-dean without previous instances having discussed the noagesimal term of article 316 of the Criminal Procedure Code. “This circumstance contradicts the jurisprudence of the Federal Supreme Court, which prohibits the knowledge of habeas corpus in these cases, due to the suppression of the instance.”
Furthermore, he stated that it is not the responsibility of the Supreme Minister to issue an injunction against another monocratic injunction of a minister of a higher court. “In effect, the habeas corpus concession decision violates another jurisprudential understanding, which is that habeas corpus is not admissible if the STJ’s monochrome decision was not challenged by means of an adequate legal remedy,” added Fux.
The precautionary measure was suspended until the decision was made by a competent collegiate body and it was determined that the accused should be detained immediately.
Late
When granting the precautionary measure of habeas corpus, Minister Marco Aurélio indicated that the defendant is imprisoned beyond the time allowed without guilt. “The patient has been detained, without charges, since December 15, 2019, and custody was maintained, on June 25, 2020, in the appeal ruling. Once no subsequent act was found on the indispensableness of the measure, formalized in the last 90 days, the legal provision has been breached, with excess time ”.
SL 1,395
Click here to read Marco Aurélio’s court order
HC 191,836
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