The governor of São Paulo, João Doria, said on social media that he determined the creation of a task force of the São Paulo Police to capture André de Oliveira Macedo, André do Rap. He is considered by Justice 1 of the main traffickers of the criminal faction PCC (First Command of the Capital).
“Congratulations to the President of the STF, Minister Luiz Fux, for reversing the decision of Minister Marco Aurélio Mello, who released the head of the PCC, the criminal André do Rap. I determined the task force of the SP police to put this bandit back behind bars. Bandit place is in jail!”
Hours earlier, the governor had made a publication criticizing the decision of Minister Marco Aurélio Mello, who ordered the release of the drug dealer.
“The decision of STF Minister Marco Aurélio Mello, which determined the release of trafficker André Macedo, head of the PCC sentenced to 27 years in prison, is perplexing. The act was a disrespect to the work of the SP police and an unacceptable condescension to criminals ”.
Fux stated that the preliminary decision “violates public order”.
“In order to avoid serious damage to order and public safety, I suspend the effects of the preliminary injunction issued in the HC 191836 case file until the writ judgment by the competent collegiate body and determine the immediate arrest of André Oliveira Macedo (“André do Rap” )”.
Minister Marco Aurélio understood that the defendant has been in prison for more than 90 days without sufficient reason to maintain the incarceration.
André do Rap was arrested in September 2019 in a mansion in Angra dos Reis (RJ). According to the Civil Police of São Paulo, he commanded the sending of drugs to Europe through the port of Santos (SP).
André do Rap was sentenced to 15 years, 6 months and 20 days in prison. He appealed the 2013 decision. There is still no final decision.
The trafficker was also sentenced to 14 years in prison. However, the 10th Panel of the TRF-3 (Federal Regional Court of the 3rd Region) responded to 1 defense request and the sentence was reduced to 10 years, 2 months and 15 days, in a closed regime. THE habeas corpus Marco Aurélio’s is valid for both convictions.
“The patient has been in custody without charge since December 15, 2019, and custody was maintained on June 25, 2020, at the appeal trial. Since no subsequent act on the indispensability of the measure, formalized in the last 90 days, the legal provision has been disrespected, resulting in an excess of time”, Stated Marco Aurélio in the decision.
“Advise him of the need to remain in a residence indicated to the Court, taking into account the judicial calls, informing possible transfer and adopting the posture that is expected from the citizen integrated into society”, Wrote the minister.
In an interview with Young pan on friday (9.out.2020), the minister responded to criticisms he received from members of the MP-SP (prosecutor of São Paulo) about the decision. Marco Aurélio said that he has 41 years of magistracy and that he does not look at the defendant’s history when judging him.
“I look at the defendant’s right. I don’t need to speak up. If 1 day I look at the cover [do réu], I hand over my minister cape. If so, it is better to place 1 wall in front of the FTS for firing“, said.