André de Oliveira Macedo, known as André do Rap and appointed as leader of the PCC (First Command of the Capital)was released after a preliminary decision by former STF (Supreme Federal Court) minister Marco Aurélio Mello in 2020. After that, the drug dealer fled and was never found. His escape turns five years old this Friday (10).
The release was based on the interpretation of Article 316 of the Criminal Procedure Code, which, following this decision, triggered a series of reviews on the institution of preventive detention in Brazil.
Five years ago, the release lightning of André do Rap It generated an institutional crisis and mobilized an international manhunt that persists to this day.
Convicted in the second instance of transnational drug trafficking, André do Rap left the Presidente Venceslau Penitentiary, in São Paulo, on the morning of October 10, 2020, after minister Marco Aurélio Mello, from STFgrant a habeas corpus.
The minister based his decision on Article 316 of the CPP (Criminal Procedure Code), which requires the review of preventive detention every 90 days, something that had not occurred, which, in his understanding, made the detention illegal.
Hours after the release, the president of the STF, minister Luiz Fux, suspended the injunction and ordered the drug dealer’s immediate arrest. However, André do Rap had already left the prison system. Subsequently, the .
Declarations and the legal controversy
The escape generated strong statements of those involved. Minister Fux stated that André do Rap gave a false address in Guarujá and fled immediately.
The criminal’s exit in a BMW through the front door of the prison was classified by the former governor of São Paulo, João Doria, as a .
Police chief Fábio Pinheiro Lopes, who arrested him in 2019, called his release a “shower of cold water”, highlighting the drug trafficker’s high financial power and international network.
Already the André do Rap’s lawyer at the time, Áureo Tupinambá, , but the situation “got out of control” after Fux’s decision.
Searches
Since October 12, 2020, the PF (Federal Police) requested the inclusion of André do Rap on the list of Interpol red broadcastthe maximum degree for searching global criminals.
The search task force involves Civil, Military and Federal police. Investigators suspect that the drug dealer fled abroad immediately, Paraguay, Bolivia or Colombia possible destinations.
Until the present momentAndré do Rap remains at large with an open arrest warrant, and is one of the leaders of the faction still on the streets. A to assist in your recognition.
The STF, in 2022, formed a definitive majority against the automatic revocation of preventive arrests after 90 days, a discussion directly motivated by the case.
A CNN contacted the São Paulo Civil Police ea Federal Police for more information on the current status of the searches, but has not received any response so far.
