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The trafficker André Oliveira Macedo, known as André do Rap, one of the heads of the First Capital Command (PCC), a criminal faction that works inside and outside the São Paulo prisons, was released from the Presidente Venceslau Penitentiary, in the interior of São Paulo , on Saturday morning (10).
He had a habeas corpus granted by the Minister of the Federal Supreme Court (STF) Marco Aurélio Mello, released on Friday afternoon (9).
André do Rap was arrested in September 2019, 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, and is being investigated for having a leadership role within the PCC and managing sending large shipments of cocaine to Europe.
Upon being released this Saturday, André do Rap said that he lives in Guarujá, where he could be found.
In a note, the Secretary of Penitentiary Administration (SAP) confirmed “that he complied today, 10, with the release permit for the prisoner André Oliveira Macedo, by judicial decision of the Federal Supreme Court. He left the Penitentiary II of President Venceslau at 11 : 50 am. Tomorrow. ”
Decision of Marco Aurélio Mello
In the decision that determined his release, the minister stated that the trafficker had been provisionally imprisoned for a long time. 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.
According to the minister’s decision, André do Rap should be immediately released because he already had another habeas corpus granted, issued by the minister himself, in another process in which he was sentenced to 15 years, 6 months and 20 days in prison. , but in which there is still no final judgment.
The São Paulo Public Ministry appealed the habeas corpus granted by Marco Aurélio on the still unappealable sentence. Regarding the second habeas corpus, granted on Friday (9) and which determined the release of the trafficker, it is up to the Attorney General’s Office (PGR) to appeal.
The designated head of the PCC would only remain in prison if he had other convictions with res judicata, which is not the case.
Minister Marco Aurélio Mello during the session of the Federal Supreme Court – Photo: Rosinei Coutinho / STF
The decision of the minister who granted the release permit caused perplexity among the members of the São Paulo public security summit, who see the situation as a “lack of respect for police work.”
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 killed outside a hotel in the Tatuapé neighborhood, Zona Este, shortly after the deaths of Gegê do Mangue and Paca, in Ceará.
Man wanted for international drug trafficking is taken to São Paulo