Post by anik4400 on Feb 22, 2024 10:22:42 GMT 2
Preventive detention is considered invalid, there is no longer just cause for maintaining custody. With this reasoning, judge Walter Luiz Esteves de Azevedo, from the 5th Criminal Court of Santos, ordered this Friday (17/3) the immediate release of four police officers and other defendants, including a criminal lawyer. Civil Police/Deinter-6 Civil Police/Deinter-6 Police display the 168 kilos of cocaine officially seized Accused of embezzling 790 kilos of cocaine and attempting to renegotiate the drug with the drug dealer himself, upon payment of R$4 million, the public agents had been incarcerated in the Civil Police prison since November 18 of last year. "The main element of conviction that authorized the initiation of the present persecution is the contents of the cell phone of the person seized from a co-defendant. The documents gathered by the defense demonstrate that the 5th Panel of the Federal Regional Court of the 3rd Region, in Hab0,
declared the illegality of that evidence. The final decision regarding the validity of the evidence therefore depends on the continuation of this process", explained Azevedo. The action to which the magistrate refers is being processed in the 2nd Federal Criminal Court of São Paulo and investigates the cri Vietnam WhatsApp Number mes of criminal organization and money laundering with ramifications for international drug trafficking. Defenders of one of the accused, lawyers Eugênio Malavasi , Bruno Galhardo and Felipe Cassimiro Oliveira filed a Habeas Corpus petition with the TRF-3 to declare null the personal search to which the client was subjected and which resulted in the seizure of two cell phones. The data extracted from the devices made it possible to discover dialogues indicating the alleged diversion of cocaine and the attempt to return the drug.
Such evidence served as the basis for the filing of two more criminal actions, including that of the 5th Criminal Court of Santos. However, on Wednesday (15/3), by 2 votes to 1, the 5th Panel of the TRF-3 granted Habeas Corpus by recognizing the illegality of the search carried out by Federal Police agents. According to the Habeas Corpus ruling, there was no well-founded suspicion or other just cause to support the search. "Disobedience to these rules and legal conditions for personal search, without a judicial warrant, results in the illegality of the evidence obtained as a result of the measure, as well as other evidence that arises from it in a causal relationship." Process suspended Based on the TRF-3 decision, lawyers Mário André Badures Gomes Martins and Mauro Atui Neto , who defend one of the civil police officers, asked for the case to be terminated and the client released. Judge Azevedo considered that "the validity or otherwise of the evidence has to be decided in the process in which it was produced".
declared the illegality of that evidence. The final decision regarding the validity of the evidence therefore depends on the continuation of this process", explained Azevedo. The action to which the magistrate refers is being processed in the 2nd Federal Criminal Court of São Paulo and investigates the cri Vietnam WhatsApp Number mes of criminal organization and money laundering with ramifications for international drug trafficking. Defenders of one of the accused, lawyers Eugênio Malavasi , Bruno Galhardo and Felipe Cassimiro Oliveira filed a Habeas Corpus petition with the TRF-3 to declare null the personal search to which the client was subjected and which resulted in the seizure of two cell phones. The data extracted from the devices made it possible to discover dialogues indicating the alleged diversion of cocaine and the attempt to return the drug.
Such evidence served as the basis for the filing of two more criminal actions, including that of the 5th Criminal Court of Santos. However, on Wednesday (15/3), by 2 votes to 1, the 5th Panel of the TRF-3 granted Habeas Corpus by recognizing the illegality of the search carried out by Federal Police agents. According to the Habeas Corpus ruling, there was no well-founded suspicion or other just cause to support the search. "Disobedience to these rules and legal conditions for personal search, without a judicial warrant, results in the illegality of the evidence obtained as a result of the measure, as well as other evidence that arises from it in a causal relationship." Process suspended Based on the TRF-3 decision, lawyers Mário André Badures Gomes Martins and Mauro Atui Neto , who defend one of the civil police officers, asked for the case to be terminated and the client released. Judge Azevedo considered that "the validity or otherwise of the evidence has to be decided in the process in which it was produced".