A decision by the Superior Court of Justice (STJ) has released a former director of the Corinthians Gaviões da Fiel samba school and organized fan club, linked to the Primeiro Comando da Capital (PCC), Brazil’s largest criminal faction. He was arrested in Bolivia this week.
The decision of Minister Daniela Teixeira, signed on 12/18, favored Elvis Riola de Andrade, known as Cantor. He was sentenced in Brazil to 15 years in prison for the murder of a prison guard, in 2009, on the orders of PCC leaders in President Bernardes, in the interior of Sao Paulo, and has a criminal record for drug trafficking.
Singer was arrested by the Bolivian police in Santa Cruz de La Sierra, last Wednesday (1/10), using false documents. He was extradited to Brazil and handed over to the Brazilian police on the border between the cities of Puerto Quijarro, Bolivia, and Corumbá, in Mato Grosso do Sul. The STJ minister’s previous decision, however, ended up freeing him.
Daniela Teixeira’s decision to secure Elvis’ release reconsidered a previous understanding of the STJ. The minister annulled the preventive detention against the former director of Gaviões da Fiel, issued by the Court of Justice of São Paulo in judging the appeals of Riola and the Public Prosecutor regarding his conviction by the Court of Jury.
His defense argued to the STJ minister that he had been preventively imprisoned between June 2010 and August 2021, eleven years, while the sentence given to him by the jury was 15 years. Riola’s lawyers also argued that he had been working since he was released from prison.
Daniela Teixeira found that Cantor’s case did not meet the necessary requirements for an order of preventive detention and ruled, in an injunction, that he remain free until the final ruling of his habeas corpus by the STJ.
«In the specific case, in terms of reasonableness and proportionality, to be done when analyzing the need to apply a precautionary segregation measure, I verify that it is not necessary to decree preventive detention, as the patient, when sentenced by the Court of Milan to the jury is precautionary custody was revoked ‘considering the period of precautionary custody to which the accused was subjected and the possibility of establishing an open regime by the executing court'”, the minister decided.
Daniela Teixeira’s order also considered the presumption of innocence of the accused. “By preserving the presumption of innocence and allowing people to await the outcome of their cases in freedom, we promote a more just and equitable approach, thereby strengthening trust in justice and respect for human rights,” the minister wrote.
The Minister issues a note
On Friday afternoon (1/12), Daniela Teixeira’s office released a note explaining the terms of her decision. The statement highlights that the case analyzed by the minister is not linked to drug trafficking or a criminal organization, but rather to the murder for which Riola was convicted.
“If the accused has not respected any rule after the decision, if he has committed other crimes, or has brought false documents with him, this must be analyzed by the ordinary judge and has no repercussions on the decision already issued, which was limited to analysis of the crime”. of murder, and the constitutional right to freely appeal, also because, as the investigating judge of first instance observed, the accused had already completed the period of time necessary for the progression of the regime”, reads the note from the minister’s cabinet.
2024-01-12 20:31:11
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