SÃO PAULO – After the Minister of Federal Supreme Court (STF) Marco Aurélio Mello determine to release of a drug dealer from São Paulo, parliamentarians and politicians advocated changing legislation to curb such situations. The magistrate claims to have based himself on a new excerpt from article 316 of Code of Criminal Procedure, included after the approval of the anti-crime package approved in Congress in 2019. According to this new text, the judge needs to re-evaluate preventive detention every 90 days – before there was no deadline. With the repercussion of the case, part of the parliamentarians spoke this Sunday, 11, in repealing this item of the law and others claimed to approve the Proposed Amendment to the Constitution (PEC) of the 2nd instance prison.
On Twitter, federal deputy Carla Zambelli (PSL-SP), an ally of the government, was one of the parliamentarians who promised a project to remove from the Code of Criminal Procedure. In response, state deputy Janaína Paschoal (PSL-SP) recalled that the measure was approved by President Jair Bolsonaro himself. Former Minister of Justice and Public Security Sergio Moro said, in a note, that he was against the inclusion in the anti-crime package of this passage, which was not in the original version.
On the decision of an STF minister to release the PCC boss, we will make a bill to REMOVE from the Penal Procedure Code the judge’s obligation to re-evaluate preventive detention every 90 days.
We have the support of the population and public security professionals.
— Carla Zambelli (@CarlaZambelli38) October 10, 2020
In an interview with GloboNews, Maia countered the criticism that the responsibility lies with Congress. For him, the Public Ministry, responsible for the investigation and the request for preventive detention, should renew the request for justice within 90 days if he wanted to keep the accused in prison. The mayor has not ruled out revising the law, but said he does not see legislation as a problem. “I think it’s funny. Wear and polemics are always transferred to politics. Why don’t we charge the prosecutor, regardless of whether it is in the 1st or 2nd instance, why didn’t he fulfill his role? Because he is paid for it , he competed for it, he swore the Constitution for it. ”
The Attorney General’s Office asked for the release to be reversed, a claim that was attended by the president of the STF, Luiz Fux. When that decision was handed down, however, drug dealer André do Rap, one of the leaders of the First Capital Command (PCC), had already left the prison in Presidente Venceslau, in the interior of São Paulo. The police suspect that he fled to Paraguay.
The federal deputy Major Vitor Hugo (PSL-GO) demanded that the Mayor, Rodrigo Maia (DEM-RJ), put on the agenda the Proposed Constitution Amendment (PEC) of the prison in the 2nd instance. “That (It’s) the solution to many of our problems. Impunity that generates disbelief in the courts “, wrote the former government leader on social networks.
Senator Álvaro Dias (Pode-PR) also pressured Rodrigo Maia about speeding up the PEC vote in the 2nd instance. The national president of Citizenship, Roberto Freire, defended the proposal. If this measure is not approved, according to the Pernambuco politician, “the law will continue to benefit traffickers, murderers and leaders of criminal factions”.
– Alvaro Dias (@alvarodias_) October 11, 2020