The Superior Court of Justice (STJ) denied last Thursday (13) Danter Silva's request to reduce the bail amount stipulated by R $ 200 thousand by the Federal Court of Rio Grande do Sul. In view of the lack of payment of the bail , the director of marketing for Unick Forex remains in prison.
According to the decision of Minister Rogerio Schietti Cruz, Danter Silva and Marcos Kronhardt decided to take the case to the STJ after having the preliminary injunction denied by the Federal Regional Court of the 4th Region (TRF4) on the reduction of the bail amount, which had been fixed as an alternative precautionary measure under “Operation Lamanai”.
Nelson Wilians Fratoni Rodrigues' lawyers argued in defense of Danter Silva, that the value violated the principles of reasonableness and proportionality, as the accused had no financial capacity, since their assets were blocked.
The defense then asked for the bail to be waived or for the fixed amount to be reduced.
The name of Paulo Sérgio Kroeff (accused by the Federal Police of being one of the main leaders of the scheme) does not appear in the process. So it is not known if he paid bail, even though he was under house arrest.
Power of Unick Forex
Minister Cruz, however, affirmed that the decision taken by the Justice “presented considerable motivation for the maintenance of the arbitrated bail”. He argued that Unick Forex's high economic power in principle dismisses the defense's claim that arbitrated bail would be high.
“It is good to remember that the case portrays alleged crimes committed by a sophisticated criminal organization, based on the capture of values in the Forex market (foreign exchange) and negotiations with cryptocurrencies, with the alleged involvement of several individuals and companies, some of them indicated in the complaint".
The magistrate said that Habeas Corpus should not be used as an instrument so that decisions of first-degree judges are not changed.
"I note that the entire structure of the criminal group, within the strict limits of what was set out in the indictment, also reinforces the arguments put forward by the first-degree magistrate – and taken over by the Tribunal quo – that the constriction of the assets carried out would not prevent the payment of bail, given the existence of hidden assets on behalf of third parties and the existence of values abroad, ”he said.
Cruz cited the decision that had been handed down by TRF4, whereby it was shown that the federal first-degree judge allowed the granting of provisional release on bail.
In the same decision, the TRF4 had also mentioned that there would be “no illegality in setting bail for the purpose of granting freedom”, as was pointed out by the defendants' defense.
The parameter used, however, would be that the guarantee could not have a negligible value, as it would be ineffective for the purposes for which it is intended. On the other hand, the bail could not “constitute a complete impediment to release by imposing an excessively high amount”, which in the view of Justice did not happen in view of the size of the organization promoted by Unick Forex.
"As mentioned by the court a quo, it cannot be disregarded that Danter would have actively acted in laundering the values obtained by him and by Leidimar Bernardo Lopes – alleged leader of the criminal organization – with the illegal activity undertaken, using, therefore, on behalf of third parties, which makes it reasonable to assume that the decreed unavailability has not reached all of its assets ”.
O Bitcoin Portal he contacted the Nelson Wilians Fratoni Rodrigues office, but until the publication of this report he had no answer.
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