The Federal Supreme Court (STF) denied the request for freedom to Leidimar Lopes, president of Unick Forex, who is still in custody for criminal organization and crimes against the national financial system. The decision was made by Minister Cármen Lúcia and published on Wednesday (12) in the Electronic Justice Journal (DJE).
According to the vote of the reporting minister, there is no way to grant the preliminary injunction at Habeas Corpus in favor of Leidimar Lopes. She mentioned that the fact that the request is still being examined by the Superior Court of Justice (STJ), the injunction is impaired. The appeal was filed by Nelson Wilians Fratoni.
Unick Forex Leader Prison
The minister declared that there are exceptional cases in which the STF can even admit the appeal filed against the decision of a rapporteur who, in habeas corpus requested to a higher court, rejected the injunction.
"This exceptionality is demonstrated in cases of flagrant illegality or contravention of constitutional or legal principles in the questioned decision, which does not occur in the present case".
Thus, she explained that it is the application of Precedent 691 of the Supreme Federal Court, which prevents the STF from knowing the appeal of Habeas Corpus as in this case of Leidimar Lopes.
Cármen Lúcia resumed in his decision all the history involving the performance of Leidimar Lopes, at Unick Forex. She then pointed out everything that had already been analyzed by other judges and is currently pending judgment by Minister João Otávio de Noronha, President of the STJ.
From the minister's point of view, Leidimar Lopes's request for pre-trial detention was to guarantee public order:
"The court of the Seventh Federal Court of Porto Alegre, Judicial Section of Rio Grande do Sul, converted the arrest in flagrante delicto of the patient into preventive to guarantee public order, for the convenience of the criminal instruction and to ensure the application of the penalty law".
Before Cármen Lúcia, however, analyzed this appeal, Leidimar Lopes' defense, had already requested his release from the STF, which was denied.
In the previous decision, issued on December 10, the Supreme Federal Court mentioned that if Leidimar Lopes is released there is a risk that he will hinder the investigations.
The Supreme Court, then, after analyzing data brought by the Federal Public Ministry (MPF) on the ongoing investigation, found that there is strong evidence that Lopes is the head of the whole scheme around Unick Forex.
"The evidential elements gathered point to consistent evidence that Leidimar Lopes is the leader of a criminal organization, hierarchically structured, with division of tasks, for the practice of crimes against the national financial system and money laundering, among other crimes".
As in the previous STF decision, Cármen Lúcia pointed out that there is a need to maintain preventive detention so that the criminal organization's activities can be interrupted.
“Due to the grounds presented in the previous instances, maintained by the authority appointed as the co-ordinator, the constriction of the patient's freedom is in harmony with the jurisprudence of this Supreme Court in the sense that 'the need to interrupt the activities of a criminal organization constitutes a suitable foundation for the decree. preventive custody '”.
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