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The release of André do Rap, as the criminal André Oliveira Macedo is known, is a victory for the PCC (First Command of the Capital), the largest criminal faction in the country. Today he is the main person in charge of the organization for the international traffic of cocaine to Europe, from the port of Santos. His central position within the faction, the economic resources he moves and the relationships he maintains in other countries make the recapture of the trafficker a difficult mission, he explains to the Twitter São Paulo prosecutor Lincoln Gakiya, who has been investigating the organization since 2005.
“Having freedom is a very big gain for the organization. Even if it is not in São Paulo, even if it is in neighboring countries. It has other freedom cronies who are in a position to carry out its orders,” he says. Gakiya.
“When the individual does not have economic capacity, it is very difficult to remain in hiding for a long time. But a defendant of the stature of André do Rap, the condition to recapture him is very difficult. He has connections within the faction and even in other countries, He’s already lived in Europe, he’s been on the run for five years. He’s got a lot of money. “
On Saturday morning (10), the drug trafficker left Presidente Venceslau prison through the main gate. He benefited from a preliminary decision of the STF (Federal Supreme Court) minister Marco Aurélio Mello, who understood that his detention was illegal based on article 316 of the anti-crime package (Law 13.964), approved in December of last year by the Congress. The text says that preventive detentions must be reviewed every 90 days.
Hours later, the president of the court, Luiz Fux, suspended Marco Aurélio’s court order and ordered André do Rap to return to prison. When that happened, he was already out of the country, investigators told UOL columnist Josmar Jozino.
On Monday (12), the governor of São Paulo, João Doria (PSDB), said that the trafficker is in Paraguay or Bolivia. “I have not [informações sobre isso] And I don’t think anyone has. These are assumptions. It is normal for these individuals to flee to one of these two countries, where they have a greater number of affiliates. [da facção] released to support them, “says Gakiya.
Difficult recovery
Finding the distributor will be even more difficult if you are in Bolivia. “Bolivia’s relationship with Brazil, in terms of cooperation, is precarious. We see it with great concern, its capture is really very difficult,” emphasizes the promoter.
Lincoln Gakiya is not the prosecutor responsible for the lawsuits that led to André do Rap’s arrest request. Actions for international trafficking are in charge of the Federal Public Ministry.
“I can speak of André do Rap as an investigator for the PCC and promoter of criminal execution in prison 2 of Presidente Venceslau, where he was,” he says.
Prosecutor Lincoln Gakiya investigates drug traffickers linked to the CCP since 2005
Image: Personal archive
From inside the prison, the trafficker’s difficulty in coordinating the faction’s business was greater. Visits were suspended due to the pandemic and André’s contacts with the streets were limited to lawyers and correspondence.
When determining the release of André do Rap, Minister Marco Aurélio stated that it would be up to the Civil Police or the Public Ministry to request the re-evaluation of the preventive detention. In an interview with GloboNews on Sunday (11), the president of the Chamber of Deputies, Rodrigo Maia (DEM-RJ), adopted a similar speech – he said that the Public Ministry should have explained why it needed to maintain preventive precision.
“In the same way that Minister Marco Aurélio made a purely literal interpretation of the law, perhaps Rodrigo Maia did not know the details of the process. [André] it has already been denounced and tried, even in the second instance. His last trial took place in July 2020, the 10-year prison sentence was maintained. From that moment on, the informant judge reviewed the possibility and need for preventive measures, ”says Gakiya.
The prosecutor says that the article in the anti-crime package, on which Minister Marco Aurélio relied, “does not even foresee the demonstration of the Public Ministry.”
“That all provisional prisoners who do not have a final sentence and have not had a re-evaluated prison be released. It is a very dangerous precedent,” he says.
