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The Minister of the Federal Supreme Court (SFT), Marco Aurélio Mello, reexamined a habeas corpus granted by himself in August and ordered the release of drug trafficker André Oliveira Macedo, André do Rap, one of the leaders of the First Command of the Capital ( PCC), faction. criminal who works inside and outside the prisons of São Paulo.
André do Rap was arrested in September last year, in an operation carried out by the São Paulo Civil Police in a luxury condominium in Angra dos Reis, on the coast of Rio de Janeiro. He is investigated for having a leadership role within the CCP and for managing the shipment of large shipments of cocaine to Europe.
When determining the release of the trafficker, the STF minister affirms that André do Rap has been in prison since the end of 2019 without a final sentence, exceeding the period provided by Brazilian law for preventive detention.
Brazilian procedural legislation changed in 2020, with the anti-crime package, which requires provisional prisons to be reviewed every 90 days to see if it is necessary to keep the prison, which, according to Marco Aurélio, did not happen in the case of André do Rap.
“Warn him of the need to stay in a residence indicated to the Court, taking into account judicial calls, informing possible transfer and adopting the expected position of the citizen integrated into society”, informs the minister’s order on October 2.
Minister Marco Aurélio Mello during the session of the Federal Supreme Court – Photo: Rosinei Coutinho / STF
The minister’s decision generated perplexity among the members of the São Paulo public security summit, who see the situation as a “lack of respect for police work.”
Sentenced twice in the second instance for international drug trafficking to sentences totaling 25 years, nine months and five days in prison in a closed regime, André Oliveira Macedo, André do Rap, benefited from the habeas corpus granted by Minister Marco Aurélio in August . The decision was amended by the minister himself on September 22, when he stated that the case needed a substantive examination, leaving the precautionary measure in favor of the merchant without effect.
According to the minister’s decision, André do Rap should be released in São Paulo in the next few hours, since he has a second habeas corpus in his favor, issued by Marco Aurélio Mello himself, in a lawsuit that was sentenced to 15 years6. months and 20 days in prison, but that has not yet become a final sentence.
International trafficker was arrested in Angra dos Reis – Photo: Disclosure
Until he was arrested on September 15, 2019 in a mansion in Angra dos Reis, on the south coast of Rio de Janeiro, where he took refuge and remotely controlled his illicit businesses, André do Rap was designated as directly responsible for the cocaine shipments To the exterior. , via Porto de Santos, operated by a criminal organization that operates in the State of São Paulo.
Given the STF’s determination, federal judge Roberto Lemos dos Santos Filho, from the 5th Federal Court of Santos, issued on August 12 the permit for the release of the international trafficker. He was not released until that date because the habeas corpus only referred to one of the two criminal actions for which he is serving a sentence.
Released by one process, but held by another, André do Rap remains in President Venceslau Penitentiary II. The unit once housed the leader of the same criminal organization, Marcos Willians Herbas Camacho, Marcola and other senior members of the faction, before they were transferred to federal prisons in February of last year.
Luxury speedboat was seized during the arrest in Angra dos Reis – Photo: Disclosure
Prison in luxury condominium
The trafficker André de Oliveira Macedo was arrested in September 2019 in Angra dos Reis by a team from the Anti-Kidnapping Division of the Department of Strategic Operations of the Police (Dope). He was wanted by Interpol and the operation had a team of 23 police officers from Garra, the Robbery and Robbery Execution Group, Gope, the Special Penitentiary Operations Group and the Anti-kidnapping Division.
André do Rap was found in a luxury condominium in the Itanema neighborhood, which is located on the banks of BR-101 (Rodovia Rio-Santos). Two helicopters were seized at the residence, one of them a B 4 valued at more or less R $ 7 million and a 60-foot speedboat, valued at R $ 6 million. The house was rented, but he had a mansion in the city, outside of a condominium.
The prisoner owned a site investigated by the State Criminal Investigations Department (Deic) in Bertioga. According to Deic, he replaced Wagner Ferreira, “Cabelo Duro”, who was murdered outside a hotel in the Tatuapé neighborhood, on the east side, shortly after the deaths of Gegê do Mangue and Paca, in Ceará.
Man wanted for international drug trafficking is taken to São Paulo