Dino does not see "illegality" in preventive detention and denies freedom to Deolane
Minister Flávio Dino, of the Federal Supreme Court (STF), stated that he did not see "manifest illegality" in the arrest of influencer Deolane Bezerra to grant freedom to the businesswoman "of office", that is, on the magistrate's own initiative.
The minister made the considerations in a decision signed on Saturday (23) and published this Sunday (24). Dino analyzed a complaint presented by the influencer's defense against the decision of the 3rd Criminal Court of the District of Presidente Venceslau (SP), which ordered the businesswoman's preventive detention.
Deolane was arrested last Thursday (21) during an operation by the Civil Police and the Public Ministry of São Paulo investigating an alleged money laundering scheme linked to the Primeiro Comando da Capital (PCC).
In the decision, the minister stated that the constitutional complaint was not the appropriate procedural instrument to question preventive detention.
According to Dino, the STF's own understanding of similar cases establishes that any non-compliance must be questioned through an appeal, and not through a constitutional complaint.
"The complaint does not constitute a substitute for an appeal, meaning that it cannot be used as a procedural shortcut", wrote the minister.
The defense argued that the arrest contradicted the understanding already established by the STF that provides, in certain situations, for the replacement of preventive detention with home detention for mothers of children under 12 years of age.
The lawyers maintained that Deolane has a minor daughter, permanent residence, legal professional activity and public notoriety, factors that would rule out the risk of escape or concealment.
They also argued that the influencer could respond to the process with alternative precautionary measures, such as electronic monitoring and passport retention.
Dino, however, stated that the decision of the São Paulo Court pointed out concrete elements to justify preventive detention, including:
- alleged activity in a financial nucleus linked to the criminal organization;
- financial movements considered incompatible with the declared income;
- use of companies identified as possible money laundering structures;
- and risk to the application of criminal law.
The judge also highlighted an excerpt from the investigation that mentions recent international travel and the stay abroad of those investigated linked to the case, which would have reinforced the understanding of the court of origin regarding a possible risk of flight.
In the end, Dino stated that, even if the procedural impediment of the complaint was overcome, he did not identify flagrant illegality that would justify the granting of habeas corpus on the STF's own initiative.
"In any case, even if the aforementioned obstacle is overcome, I do not detect manifest illegality or appropriate teratology in the granting of the order of habeas corpus de officio", wrote the minister.
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Source: CNN