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The president of the Superior Court of Justice, Humberto Martins, granted this Tuesday (22) house arrest to the mayor of Rio de Janeiro, Marcelo Crivella (Republicans). With that, Crivella will be released from Benfica’s jail and will have to wear an anklet.
The mayor was arrested at dawn on Tuesday (21) in an operation by the Civil Police and the local Public Ministry. Crivella even went through a custody hearing in the afternoon and, after being held in custody, was sent to prison.
Martins’ decision partially complies with the request of Crivella’s lawyers, who wanted to overturn the mayor’s arrest. For the president of the STJ, preventive detention is adequate, but must be done at home.
Mayor Marcelo Crivella is taken to the prison system
In the decision, Martins mentions that Crivella is over 60 years old, being considered a risk group for Covid-19.
Even returning home, under electronic monitoring, Crivella will remain out of the office. The mayor’s term ends on the 31st.
By maintaining Crivella’s preventive detention, Martins affirms that “the circumstances presented are not sufficient to demonstrate the dangerousness of the patient, to justify the use of the maximum precautionary measure -especially- to prevent the practice of new crimes, taking into account that the mandate of mayor of the municipality of Rio de Janeiro expires on January 1, 2021 ”.
Marcelo Crivella, mayor of Rio, is imprisoned nine days from the end of his term
The STJ minister criticized Judge Rosa Helena Penna Macedo Guita, who authorized Crivella’s arrest, for not analyzing various measures in prison.
Regarding the adoption of a substitute precautionary measure, the rapporteur did not even make an exhaustive analysis of the factual circumstances so as not to apply the less serious precautionary measure ”.
The investigation points to the existence of a “bribery headquarters” in the Rio City Council and Crivella would be the leader of the criminal organization. In the scheme, according to the MP’s findings, the businessmen paid to have access to the contracts and to receive the amounts owed by the municipal administration.
The Public Ministry said that the City of Rio made payments to the companies for bribery even “in a situation of poverty” and that the amount collected by the criminal organization reaches R $ 50 million.
For investigators, the release of Crivella by Crivella put the investigations at risk, and the mayor would have acted to impede the progress of the investigations.
Crivella is the sixth politician in command to go to jail in Rio
The mayor’s defense requested the revocation of the prison on the grounds that there are no concrete elements that the mayor has tried to hinder the investigations.
“The decision, in addition to not showing concrete signs of risk for the investigation or for the guarantee of public order, violates the most basic constitutional guarantees as well as the peaceful jurisprudence of the higher courts.”
The attorneys further argued that: there is no evidence that Crivella benefited from the bribery or authorized it; the mayor is days away from the end of his term and does not represent a risk to public order, and different measures can be applied from prison.
