This article contains commentary which reflects the author's opinion
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Another case leaves the Brazilian people appalled, once again, due to the Brazilian Supreme Court. In a case of age with judicial activism, this time the Minister of the Supreme Court Marco Aurélio de Melo, released on October 10 drug dealer André Oliveira Macedo, known as André do RAP. André is one of the main members of the First Command of the Capital (FCC), a criminal faction of drug traffickers, affiliated with the FARC. André has been in prison since September 2019. The minister alleged that the drug dealer was in prison since 2019 without a definitive sentence, which exceeds the term provided for in Brazilian law.
The decision was based on the rule that was recently chosen in the Criminal Procedure Code (CPC). The minister used article 316 of the habeas corpus as a justification for granting habeas corpus, which states that preventive arrests must be reviewed every 90 days, under penalty of making the arrest illegal. The inclusion of this novelty in the Code of Criminal Procedure happened with the introduction of the anti-crime package, a bill approved by Congress and sanctioned by Brasillian President Jair Bolsonaro.
At the end of the same day, the President of the Supreme Court, Minister Luiz Fux, suspended the injunction that released André do RAP, but it was too late. He had already escaped from his home and the police are investigating that perhaps his current whereabouts are Paraguay. It is noted that Marco Aurélio Mello has already granted at least 79 release requests this year, based on the law of article 316, and used the same criteria that released the drug dealer André do Rap.
The survey was carried out by G1 (a Brasillian news site) and considered only decisions published by the Brasil Supreme Court (STF), which excludes secret legal proceedings. The number of people benefited maybe even greater since the same habeas corpus can benefit more than one prisoner. After a decision by the Supreme Court minister, another faction member made a similar request to the magistrate on Saturday. The new request was made by Gilcimar de Abreu, 35, arrested in Penitentiary 2 of Mirandópolis (SP) for trafficking and association for transnational drug trafficking.
In her petition addressed to Mello, Abreu’s lawyer, Ronilce Maciel de Oliveira, states that her client “is in the same situation as the patient André Oliveira Macedo,” André do Rap, Marco Aurélio Mello does not have a deadline to decide on the Gilcimar’s request. On October 11, more information was related to the release of André do Rap. A former official in the office of Minister Marco Aurélio, of the Supreme Court, is a partner of the lawyer who requested the release of the criminal.
Accepted by Marco Aurélio, the request for habeas corpus in favor of André do Rap was signed by lawyer Ana Luísa Gonçalves Rocha. She is part of the corporate board of the firm Ubaldo Barbosa Lawyers. Headquartered in Brasília, the company has Eduardo Ubaldo Barbosa on the team. Eduardo, in turn, worked directly with the minister of the STF. He served in the magistrate’s office for two years and two months. He left office in February this year.
According to a publication by Celso Belmiro, the trafficker’s lawyer had filed several Habeas Corpus motions. He was filing and giving up until he fell with Marco Aurélio. This is at least very suspicious, due to all the connections with André’s lawyers with the minister, even if indirectly. When participating in a radio program by CNN Brazil, on the minister hung up on the presenters when asked about about the fact that the request was signed by a law firm of his former advisers.
Once again, we see the activity of Antônio Gramsci’s revolution in Brazil. Instead of using Lenin’s strategy and physically liquidating enemies, Gramsci preferred moral murder. A police chase without police, which has been ruling in Brazil for a long time, means that the majority do not dare criticize anyone, with accusations and processes that are insignificant and endless. The powers of the republic and its characters do what they want. Once again a Supreme Court minister traffics danger, by law, where there are many innocent prisoners, with petty crimes like stealing a packet of butter. This custom Gestapo, as daily professor and philosopher Olavo de Carvalho states, is still active in Brazil, arresting innocents and releasing bandits.
André do RAP is another example of impunity, in which the Brazilian can not stand to see anymore. When we relate to the other side, we see two conservatives who are wearing electronic anklets. First, activist Sara Winter, in which an anklet is preventing her go out freely, what is her crime? Just to demonstrate against the judiciary. Investigative reporter Oswaldo Eustáquio, who also has an ankle bracelet, is prevented from exercising his journalistic profession, which is no crime, just putting out his opinion. We see a balance of interests, in which the mainly conservative Brazilian people are being decimated by the Supreme Court of the country.
The Supreme Court should protect their people. Because it is full of left-wing militant judges who have a direct connection with the party of workers and their interests, we see judicial activism. As never before seen anywhere, the protectors of the constitution tear it up day after day, destroying what they should protect. The phrase of the great writer and politician Rui Barbosa has never been so present and true in the lives of Brazilians. The dictatorship, which the left accused Bolsonaro of wanting to implement, has been implemented for a long time. This dictatorship is the worst because, as Rui Barbosa said, “The worst dictatorship is the dictatorship of the judiciary. Against it, there is no one to turn to.”
Augusto Oliveira is a writer and Brazil correspondent for NRN and a contributor to NRN+ Magazine. Residing in Brazil, he's a recent civil engineering graduate who enjoys reading, writing, and editing videos.
Augusto Oliveira is a writer and Brazil correspondent for NRN and a contributor to NRN+ Magazine. Residing in Brazil, he’s a recent civil engineering graduate who enjoys reading, writing, and editing videos.