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BRASÍLIA – Minister Marco Aurélio Mello, of the Federal Supreme Court (STF), did not change his mind about the decision in which he ordered the release of drug trafficker André Oliveira Macedo, known as André do Rap, based on an extract from the anti-drug package. crime according to which Pretrial detention must be reviewed every 90 days. But, defeated in the plenary session of the Court, he affirmed that he will follow the orientation of the majority. By nine votes to one, the STF endorsed the decision of the President of the Court, Minister Luiz Fux, who had reversed Marco Aurélio’s determination, and stipulated that failure to comply with the 90-day period does not automatically lead to freedom. It is necessary for the judge in the case to reexamine the question to decide whether or not to maintain pretrial detention.
Understand: The divergence in the Supreme Court that freed drug trafficker André do Rap from prison
Will you continue to maintain your personal understanding?
In view of the decision of the plenary, in [Primeira] Turma [que ainda vai julgar o habeas corpus de André do Rap], I will save. This is what I do in all cases. The ground hit the hammer, I look. The majority is an overwhelming majority. The collegiate is a democratic body par excellence. I just have to keep reflecting on it.
In other processes that deal with the reassessment of the need for preventive detention every 90 days, will you also decide in another way?
I go, always saving, always saving. I remain convinced that Congress legislated and I cannot change the law, but be patient. The Supreme, in the highest collegiate [plenário], pronounced backwards, that there is no illegality [na manutenção da prisão depois de 90 dias]. I can not decide individually, and also in the fractional body [a Primeira Turma do STF, da qual ele faz parte], in a different way. I have to save the sentence.
Check out: Fux ‘is not superior’ to the others and wanted to ‘play for the mafia’, says Marco Aurélio about arrest for drug trafficker
Regarding the possibility of the president revoking or not the decision of another minister, do you think …
I think the alert was on. He didn’t even like it when I mentioned that popular maxim of the basket maker that he makes a hundred basket. Today I annulled my decision. Tomorrow you can remove a colleague’s. And that power I do not conceive.
Should the plenary discuss this?
The story was published. Now they have decided to anticipate the habeas corpus trial, which is under my complaint and which is [Primeira] Enjoy the class. The opinion prevailed that the case would be extremely exceptional. Exceptional why? Why low my reports? Exceptional for the involvement of a drug dealer? That’s what I said. Rules that reveal guarantees are not enforced by average men. They are caused by those who have committed misconduct. But, patience, patience, I’m in college.
Follow: Drug trafficker trial has a dispute between Fux and Marco Aurélio
Does President Fux maintain then criticism of authoritarianism, of the totalitarian bias?
I did not withdraw. Did you see me retire? The president was really upset, but I did not withdraw. I still get it. I was president [do STF] from 2001 to 2003. I never thought of canceling the decision of a single colleague. I never thought. It doesn’t cross my mind and it won’t until I get off the cover. In other words, we are responsible, we are equal. And I said it when I made the salute in his possession.
