The minister of the (Supreme Federal Court) decided on Friday (25) that the former president should be arrested in a special wing of Baldomero Cavalcanti Oliveira Prison in Maceió.
The former president arrived at the prison around 2:30 pm after taking an examination of a crime at the IML (Forensic Medical Institute). Earlier, in the Federal Police jail, he had a warm with steak with salad, beans and rice. According to agents, he ate little and showed tranquility.
“In the face of his condition of former President of the Republic, I note that the execution of the sentence in the special wing of said prison should be in individual cell,” says Moraes in the order.
The decision was made after Collor claimed, in a custody hearing, that. The prison management will have 24 hours to inform the Supreme if you are totaling the health of the former president.
In a statement, the government of Alagoas said it is taking “all necessary measures to comply with the decision.”
“The State of Alagoas ensures that all judicial determinations are being strictly observed, including measures aimed at guaranteeing the physical integrity, health and life of the former president, in strict compliance with current legislation and the principles of the Democratic Rule of Law.”
Moraes also asked the PGR (Attorney General of the Republic) to comment on the request for Collor’s defense to grant house arrest, due to age (75 years) and treatment for Parkinson, severe sleep apnea and bipolar affective disorder.
Lawyer Marcelo Bessa, defender of the former president, argued that Collor could not be arrested before the case (res judicata). Although Moraes denied the last appeal of the defense, the minister who would endorse the injunction of his colleague.
The case will return to the Supreme Plenary in a session not yet marked. At the virtual session, four ministers have already voted for the maintenance of Collor’s prison —Moraes, Flávio Dino, Edson Fachin and Luís Roberto Barroso.
“In addition to Fernando Collor’s advanced age and being affected by serious comorbidities […]the absence of any risk of criminal reiteration, as well as the lack of hazardous order for public or economic order, must be observed, “says the lawyer.
Collor was by decision of Moraes. The Supreme Minister denied an appeal of the former president’s defense on Thursday (24) and decided to start serving the 8th and 10-month prison sentence.
The former president attended a custody hearing at 11:30 am on Friday, for video conferencing and expressed a desire to remain detained in Alagoas, without transfer to Brasilia.
In the early afternoon, Collor left the Federal Police Superintendence in Maceió and went to IML (Forensic Medical Institute) to take the crime examination. He must be taken to the Baldomero Cavalcanti Oliveira prison then.
The expectation of the Supreme is that the attorney general of the Republic, Paulo Gonet, speaks later this Friday about the request of the defense of Collor for the transfer of the convict to house arrest. Moraes will only make the decision after the position of the PGR enters the case.
Discussions about the place of Collor’s detention involve a calculation of the creation of more precedents about the eventual destination of former President Jair Bolsonaro (PL) if the Supreme Court determines his arrest for coup attempt. PF prefers that if this occurs, it is not detained in its premises.
Collor. He was accused of receiving bribes from a scheme from BR Distribuidora, a subsidiary company of Petrobras, in a criminal action derived from. Proofs found in the donor’s office in addition to testimonials from employees of the operation, were used as evidence in the action.
Collor’s defense said Thursday night he received “with surprise and concern the decision” that denied the appeal. The lawyers held the Supreme Court that the accusations are based only on award -winning allegations and that there would be no evidence.
The complaint was filed by the PGR (Attorney General of the Republic) in August 2015. To ensure the signing of state-owned contracts with construction company UTC, the former president influenced, according to the conviction, the command and board of the company BR Distribuidora from 2010 to 2014, which encompasses the petist management of Lula and Dilma Rousseff. In return, Collor would have received $ 20 million.
