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André de Oliveira Macedo, 43, André do Rap, was not the first drug trafficker linked to the PCC (First Command of the Capital) to be released by decision of Minister Marco Aurélio Mello, of the STF (Federal Supreme Court).
Moacir Levi Correa, Bi da Baixada, a faithful partner and member of André do Rap’s gang, was also released by decision of the minister, but on October 18, 2019, two months before President Jair Bolsonaro (without a party) sanctioned to the anti-crime package.
André do Rap left the Presidente Venceslau 2 Penitentiary last Saturday (10). Mello argued that he has been in prison since September 2019 without a final sentence, thus contradicting article 316 of the Criminal Procedure Code, contained in the anti-crime package, which establishes that preventive detentions must be reviewed every 90 days.
Bi da Baixada, like André do Rap, also got out of prison through the front door. Sentenced to 29 years, the drug trafficker was imprisoned in the Federal Penitentiary of Porto Velho, in Rondônia.
The two criminals have connections to the PCC, the largest criminal faction in Brazil.
To free Bi da Baixada, the minister used the same argument that André do Rap was given: “The patient has been in prison without guilt since March 7, 2014, that is, 5 years, 7 months and 2 days. Private of freedom for disproportionate time the person whose criminal responsibility did not become a definitive violation of the principle of not guilty ”, he observed.
After being released, André do Rap disappeared
Mello used the same warning when ordering the release of the two drug trafficking partners: “The need to stay at the address indicated to the court, respond to judicial calls and adopt the attitude expected of a citizen integrated into society.”
André do Rap ignored the minister’s determination as soon as he was released from jail. In the release permit, he provided the address of his home in Vicente de Carvalho, in Guarujá (SP). Only it wasn’t there. According to investigators from the State Prosecutor’s Office, he went to Maringá (PR) and from there he had to travel by private plane to Paraguay.
In the case of André do Rap, his release was revoked by Minister Luiz Fux, president of the STF, eight hours after the prisoner’s release. But it was too late. The drug dealer was gone.
The habeas corpus that guaranteed the release of Bi da Baixada was maintained by the STF. But like André do Rap, Bi da Baixada also considers himself a fugitive. According to the Federal Police, there are two arrest warrants against him. One was dispatched on August 20 of this year by the Second Toxicology Court of the Belo Horizonte District, in Operation Além-Mar.
Bi da Baixada was arrested on suspicion of murder
The other was issued on June 4 of this year by the Santa Catarina Court of Justice for attempted murder. For this crime, Bi da Baixada was arrested in 2014. Days later he was transferred to the Porto Velho Penitentiary, where he was released.
The two drug traffickers were convicted by the Federal Justice in Operation Ultramar, launched by the PF in 2014.
Both and other members of the gang were accused of shipping dozens of tons of cocaine to Europe through the port of Santos. With the gang, federal agents seized four tons of the drug.
On August 31, the Federal Police launched Operation Beyond the Sea, in 19 states and the Federal District, to combat drug trafficking led by the PCC. In the property of a cousin of Bi da Baixada, in Santos, the agents seized R $ 2 million and US $ 730 thousand.
