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The same day, he ordered the release of all prisoners after a conviction pending appeal. On Wednesday, March 19, Minister Marco Aurélio Melllo, of the Federal Supreme Court, granted a habeas corpus and sent to release the businessman Renato Archilla, convicted of attempted murder of his daughter in 2001
On Saturday (22), Attorney General Raquel Dodge appealed and demanded that Supreme Court President Dias Toffoli, in judicial vacations, overturn the decision. According to her, the sentence has now become final and without appeal.
Renato Archilla is imprisoned since the last day 12 for the case known at the time as the "crime of Santa Claus". The armed man, hired by his father, according to justice, dressed as Santa Claus to approach the victim, before giving three shots. She survived the attack.
The defense appealed to the Supreme Court on the grounds that it was still possible to appeal the conviction, the case of Minister Marco Aurelio. On Wednesday, the minister ordered to issue a release permit "considering the early, early and early execution of the sentence". He ordered the accused to stay home and adopt "the attitude that awaits the citizen integrated into society".
Since 2016, the Supreme Court has admitted that imprisonment as a result of a second instance conviction is possible, but noted that each rapporteur could conduct a case-by-case badysis. Since then, Marco Aurélio – who has been beaten in the three trials that the Supreme Court has already conducted in plenary on the subject – continues to release convicted convicts in the second instance. Other ministers, such as Ricardo Lewandowski and Gilmar Mendes, have already done so in specific cases.
Last Wednesday, however, Marco Aurelio made a decision that could favor 169,000 prisoners with provisional execution, who are still waiting for appeals. And Toffoli took measures of the PGR to reverse the understanding.
Marco Aurélio's decision concerning the businessman Renato Archilla was the subject of another proceeding and, for this reason, the Prosecution had to resort to this case.
According to Raquel Dodge, the jury tribunal sentenced the man to 14 years in prison. The sentence was upheld by the São Paulo Court of Appeal, which ordered the release of the prison after the end of the appeals to the TJ. On December 11, the court found that there was a final and conclusive decision to restrict the measures of defense protection.
For the prosecutor, with the attestation of the final decision and without appeal, there are no more resources, and the sentence is final. "It is not necessary to speak of temporary execution."
The Supreme Court authorized the provisional execution of the sentence handed down in the second instance, that is to say the arrest of the convicted person, but did not prevent him from appealing before the superior courts.
Raquel Dodge stated that the habeas corpus had been presented to the Superior Court of Justice but had been denied. And that, in an individual decision, the Minister Felix Fischer acknowledged that the case had been exhausted in the second instance.
In an appeal to rescind the release of the businessman, Dodge claims that the decision of Minister Marco Aurelio is inconsistent with the understanding of the plenary badembly and that the majority of the Supreme Court authorize the execution of the sentence after the second instance. The question is different for her because it is a final sentence.
"However, the rapporteur and, possibly, the college of the first group, evaluate the case definitively.He asks the annulment of the decision in order to allow the bodies related to the case to promote the necessary acts to the final execution of the sentence, "said Dodge.
Arrested on December 12, Archilla was taken to the 77th Police District, Santa Cecilia, in downtown São Paulo, until his transfer to Parelheiros Penitentiary, in the south of the city, on Friday ( 21). city.
Attorney Santiago André Schunck, who is defending Archilla, said he was confident that the injunction of Minister Marco Aurelio will be upheld for two reasons.
"First of all, it is not a question of judicial matters, and the second aspect is that the issue involving a final and final decision is rightly contested within the HC," he said. declared.
In its evaluation, the final transit certificate, which is no longer in force, was premature and should be declared null and void. If Toffoli does not cancel Marc Aurèle's decision, the defense expects Archilla to be released on Monday (24).
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