The court decided last week to grant provisional release to Leidimar Lopes, president of Unick Forex. The decision of the Superior Court of Justice (STJ) was motivated by the recommendation of the National Council of Justice (CNJ) to avoid the risk of contamination and proliferation of the Coronavirus.
The company's president suspected of fraudulent management with the use of cryptocurrencies was released on the same date that the STJ had also granted Habeas Corpus to Unick Forex Marketing Director, Danter Silva.
Although the decisions were handed down by the STJ, they will be enforced by the 7th Federal Court of Porto Alegre (RS), where the criminal proceedings are originally being processed.
Unick President restrictions
According to Minister Rogerio Schietti Cruz, Leidimar Lopes' preventive detention should be converted into precautionary measures such as the prohibition to leave the region without previously notifying the court. Lopes, according to the decision, will have to hand over his passport to the courts. The measure is to prevent him from leaving the country.
The STJ minister also imposed, as a precautionary measure, the “ban on maintaining personal, telephone or electronic or virtual contact with others accused of belonging to the same criminal organization”.
He also imposed on the president of Unick Forex “overnight home pickup”, whereby he is prohibited from leaving the house between 8:00 pm one day and 6:00 am the next day. He is also prohibited from "disposing of or receiving goods or rights from third parties without prior notification to the court of origin".
Measure to contain Coronavirus
Just as Cruz had decided in the judgment that accepted the request of Habeas Corpus de Silva and Kronhardt, the minister mentioned that the justification for the release of Leidimar Lopes was precisely because the crime investigated did not bring an act of violence, the only hypothesis that would justify pre-trial detention in these Coronavirus pandemic times.
Cruz's three decisions were based on CNJ Recommendation 62/2020, which states that:
“Maintaining the health of persons deprived of their liberty is essential to ensuring collective health and that a scenario of large-scale contamination in the prison and socio-educational systems has significant impacts on the safety and public health of the entire population, exceeding internal limits of establishments ”.
The fact is that Nelson Wilians Fratoni presented this thesis of the CNJ's recommendation about the risk of unnecessary contamination of Covid-19 in prison units.
The law firm, through a note from its press office, praised the STJ's decision:
“The decision made by Minister Rogério Schietti Cruz in the records of Habeas Corpus nº 565.799 / RJ is in line with the guidance of the Internal Affairs Department of the Federal Justice to all magistrates of the Fourth Region to adopt precautionary measures due to the pandemic of the coronavirus COVID -19, in order to avoid agglomerations with more than 15 people ”.
The lawyer Nelson Wilians, responsible for the defense of the accused, said that provisional release was granted since his clients do not answer for crimes of violence or serious threat to the person.
According to Wilians, the defendants could already do house arrest because they had already done more than 90 days of preventive. And, he mentioned that Danter da Silva like Marcos Kronhardt were only in prison yet because they didn't have the money to pay bail.
“They could do house arrest. It is also worth mentioning that, although Danter da Silva Marcos Kronhardt had already been granted provisional release, they remained in prison because they did not have the financial means to pay the R $ 200,000 bond, ”he said.
According to the office, the decision was sent to the 7th Federal Court of Porto Alegre (RS) in order to immediately comply with what was determined by the STJ.
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