Responsible for designing the anti-crime law, the former Minister of Justice Sergio Moro said on Sunday, 11, that the article used by Marco Aurélio Mello, Minister of the Supreme Federal Court, to release André de Oliveira Macedo, known as André do Rap, one of the heads of the PCC (First Command of the Capital), was not in the original project submitted and approved by Congress in 2019.
“I was opposed to his insertion for fear of automatic release of dangerous prisoners by mere speech of time,” he said. At the time, however, after approval by Congress, Moro modernized the changes in the original text, even saying that “from the moment the law is enacted [pelo presidente Jair Bolsonaro], it will certainly make a significant difference for the advancement of Justice and public security in the country ”.
This Sunday, however, the president of the Chamber of Deputies, Rodrigo Maia (DEM-RJ), defended the policy by stating that the charge should be made on the Public Ministry, which, according to him, failed to comply with the law by not respecting the deadline legal, failing to present the need for pre-trial detention. “Why does the prosecutor [ou promotor] did not fulfill his role? He gets paid for it, he took a contest for it. Why is it always with politics? ”, He asked.
Maia told Globonews that “the law must be respected by everyone”. “It is the duty of the prosecutor to reaffirm the importance of maintaining the prison in 90 days, because that is the term that the law determined. If the prosecutor had respected the law, Minister Marco Aurélio would not have released the trafficker. ”
The controversy exists because Article 316 of the Code of Criminal Procedure, which in its only paragraph, states that “preventive detention has been decreed, the body issuing the decision should review the need for its maintenance every 90 days, by reasoned, official decision. , under penalty of making the decision illegal ”. Based on the article, Marco Aurélio dispatched the habeas corpus to the PCC trafficker, his freedom, however, was revoked by the president of the STF, Minister Luiz Fux. André do Rap, however, had already left the Presidente Venceslau penitentiary, in the interior of São Paulo.
Marco Aurélio Mello said VEJA this Sunday, 11, which will take on Wednesday, 14, to the plenary session of the STF a question of order to discuss with his peers whether the president of the court “can cancel the act of his colleagues without this being taken as autophagy”. “For me, it is superautophagy and creates legal uncertainty,” he said, in a criticism of Fux’s decision.
“I think of raising a point of order to find out if the president of the court is a censor for his peers. This has to be clarified, ”he said. For Marco Aurélio, Fux’s decision to revoke the habeas corpus granted by him to the PCC trafficker is bad for the Supreme Court as it makes him an agent of legal instability, instead of guaranteeing stability. “It generates legal uncertainty. Above each minister is the collegiate, not the president. The president is an equal. He must simply coordinate the work and avoid friction. But times are strange. We are living and unlearning ”, he added.
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