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The president of the Federal Supreme Court, Luiz Fux, decided to submit the case of the drug trafficker André de Oliveira Macedo, André do Rap, one of the leaders of the PCC, to the full Court. The minister has already informed some of his peers that he will include the problem on the agenda for this Wednesday (14) session.
On Saturday, benefiting from a decision by Minister Marco Aurélio Mello, the the dealer was released. He was arrested in São Paulo. That same day, at the request of the Attorney General, Luiz Fux reversed the colleague’s decision, determining that André Rap was returned to jail.
In the words of Fux, the trafficker is a “highly dangerous prisoner, with a double second degree sentence for transnational drug trafficking, investigated for high-level participation in a criminal organization (First Capital Command – PCC) and with a history of fugitive for more 5 years “.
In the interval of about eight hours that separated one decision from the other, the bandit fled again. It is suspected that he flew abroad. This Monday, the Federal Police asked to include his name on Interpol’s wanted list.
Absorbed by Fux’s censorship, Marco Aurélio accused him of resorting to “the practice of autophagy, which only discredits the Supreme Court.” He declared that the president of the Supreme Court is a mere “coordinator of equals”, without powers to review decisions of colleagues.
Composed of eleven ministers, the plenary session of the Supreme Court must decide between the position of Marco Aurélio and that of Fux. The background is the application of a new rule, included by Congress in the anti-crime package of former Minister Sergio Moro and sanctioned by Jair Bolsonaro in December 2019.
This is the only paragraph of article 316 of the Code of Criminal Procedure. He anticipates that preventive detention will become illegal if the judge who decreed it does not justify every 90 days the need to keep the prisoner behind the grave.
In the case of André do Rap, already convicted a couple of times in the second instance, the absence of the reassessment provided for in the new rule led Marco Aurélio to open the cell. In a similar case, involving a drug trafficker arrested in Ceará, Minister Edson Fachin used the same legislation to reject the request for release.
