Sunday, February 28, 2021

RJ Justice accepts STF decision and releases former mayor Marcelo Crivella – Prime Time Zone

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The ex-mayor is yet to deliver his passport within the next 48 hours – travel restrictions are one of the precautions imposed by Gilmar Mendes

WILTON JUNIOR / ESTADÃO CONTTE – 22/12/2020Marcelo Crivella is former mayor of Rio de Janeiro

On-duty judge Paula Fernandes Machado, from Rio Court of Justice, issued this Saturday, 13, the release permit for the former mayor of Rio, Marcelo Crivella (Republicanos-RJ), who had been under house arrest since 23 December. The decision met order issued by Minister Gilmar Mendes, do Supreme Federal Court, which allowed Crivella to respond freely in the process in which he is accused of leading a “HQ of the Tuition” in the Rio executive. The former mayor is yet to deliver his passport within the next 48 hours – the travel restriction is one of the precautions imposed by Gilmar when releasing Crivella. The others are the obligation to report to the Court and the prohibition to keep in touch with the other investigated.

THE Rio’s Public Ministry accuses Crivella of setting up a bribery scheme that would have raised at least R $ 53 million. In addition to him, eight people were the subject of requests for preventive detention, including businessman Rafael Alves, appointed as operator. Altogether, the complaint reached 26 investigated. Imputed crimes are passive and active corruption, money laundering and criminal organization. The bribes would be paid in exchange for favors to businessmen with the City Hall, such as release of payments and direction of bids. The intermediation was with businessman Rafael Alves, Crivella’s trusted man.

Upon releasing Crivella, Gilmar Mendes made the decision on his own initiative (of his own) to envision “manifest unlawful constraint” in the former mayor’s prison, a measure he considered excessive and disproportionate. “What has been verified, especially in the context of crimes against the Public Administration, is a recurring affirmation of ethereal and abstract axiological vectors such as social outcry and generalized impunity as criteria capable of supporting the precautionary prison”, noted Gilmar. “About this, it is necessary to say that preventive detention, even if replaced by house arrest, reveals a serious and exceptional measure, which reaches a fundamental right and demands a foundation that finds shelter in a concrete, individualized and current empirical substrate, the that was not demonstrated in these records ”.

House arrest with an ankle bracelet had been determined by the President of the Superior Court of Justice (STJ), Minister Humberto Martins, who did not see enough reasons for preventive detention, which took Crivella to jail nine days from the end of his term in City Hall. Rio. Crivella’s defense said on Friday that Gilmar’s decision acknowledged that the arrest ordered against the former mayor of Rio was “illegal and unnecessary”. “First, the order of house arrest by the Superior of Justice, and now the revocation by the Supreme Federal Court, confirm that the December operation was abusive and based on lessons learned,” say criminalists Ticiano Figueiredo, Pedro Ivo Velloso and Alberto Sampaio Júnior.

* With information from Estadão Content

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RJ Justice accepts STF decision and releases former mayor Marcelo Crivella - Prime Time Zone