Former Minister of Justice and Public Security Sergio Moro said on Sunday (11.out.2020) that he was against the inclusion of the Anti-Crime Package in the draft of the Code of Criminal Procedure that allowed the release of André de Oliveira Macedo, known as André do Rap. He is considered by Justice 1 of the main traffickers of the criminal faction PCC (First Command of the Capital). The statement was given to the newspaper Newspaper.
“The article that was invoked to release the leadership of the CCP was not in the original text of the anti-crime bill and I, as Minister of Justice and Public Security, opposed its insertion for fear of automatic release from dangerous prisoners for the mere length of time“He said.
The law, which became known as the Anti-Crime Package, established numerous amendments to the Code of Criminal Procedure and the Penal Code. The proposal was sanctioned by the President Jair Bolsonaro in December 2019.
Minister Marco Aurélio, of the STF (Supreme Federal Court), relied on the sole paragraph of article 316 of the CPP to grant the habeas corpus the dealer. The article states that preventive detentions must be reviewed every 90 days, “under penalty of making imprisonment illegal“.
Bolsonaro vetoed 25 provisions that had been approved by Congress, but kept the forecast of reviewing preventive prisons and also the section that institutes the judge of guarantees – both of which were not included in the original wording of the proposal.
The vetoes of the chief executive have not yet been appreciated by the legislature because of the pandemic.
Fux states that the preliminary decision “violates public order”.
“In order to avoid serious damage to order and public security, 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” )”. Here is the whole (183 KB).
In an interview with Poder360 this Sunday (11.out.2020), the Minister Marco Aurélio said that Fux’s decision that overturned his injunction and granted freedom to André do Rap “it sucks for good coexistence”In court.