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After finishing voting on the Supreme Court ruling on the arrest or maintenance of the release of drug trafficker André do Rap, Minister Marco Aurélio Mello was exalted and addressed the president of the STF, Luiz Fux.
The minister said that Fux acted with “authoritarianism”. Over the weekend, the president of the STF revoked the precautionary measure (provisional decision) that he, Marco Aurélio, issued and that allowed the trafficker’s release. In the plenary sentence, concluded on Thursday, the ministers decided, by nine votes to one, to uphold Fux’s decision.
With the end of Marco Aurélio’s vote, Fux addressed the Dean saying that the law states that the defeated minister must speak in a certain way, causing the minister’s revolt.
“I would only like to ask your Excellency, that the plenary session by majority decided to face the fund. The procedural laws determine that, if the preliminary is expired, the member must speak, “said Fux.
Marco Aurélio contested, saying that Fux shouldn’t say how he should vote.
“The only thing missing is this, excellence that wants to teach me to vote. I did not imagine that his authoritarianism would reach so much, “said the minister. “Your Excellency I just need to want to breastfeed so that I can change my vote. The habeas corpus will be taken to the collegiate ”, he said.
Luiz Fux responded to the dean of the Supreme Court stating that he does not have to classify him as “totalitarian”.
For Fux, it would be “autophagy not to defend the image of the Court after he was knocked on the door to denounce that the trafficker of that level could be released,” he declared.
And he added: “Then, deceiving Justice, mocking Justice, deceiving His Excellency [Marco Aurélio], which determined that he met certain requirements, he left the country. Autophagy would make the STF homeless, ”said Fux. “May we dissent, but never disagree.”
Marco Aurélio contested saying that he does not feel deceived by the merchant. “I recognize the right to legitimate defense,” he said. “And your Excellency, when you suspended my decision, you suspended it from one extreme to the other, including the precautionary measures.”
Marco Aurélio Mello granted in the last 2 days the release of the trafficker based on article 316 of the Criminal Procedure Code, interpreting that the passage introduced by Congress when the anti-crime package was approved makes preventive detention illegal, not valued every 90 days .
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 sentences totaling more than 25 years from prison. .
At the end of the trial, the ministers also disagreed with Fux’s proposal to amend the statutes of the Court in order to change the way that cases are distributed and processed for each minister.
“The reform is not an act of the president, no matter how great the totalitarian bias. Regiment reform is the responsibility of the collegiate ”, said Marco Aurélio Mello.