Federal judge Ivan Athie of TRF2 (Regional Federal Court of the 2nd Region) ordered the release of former President Michel Temer, who was arrested by Lava Jato in Rio de Janeiro on Monday morning (21).
Athié, who granted habeas corpus to Temer, says in his decision that he is maintaining the constitutional guarantees of the former president.
“I emphasize that I am not against Lava Jato, on the contrary, I also want to see our country free from the corruption that devastates it. However, without observing the constitutional guarantees guaranteed to all, including those who deny it to others, there is legitimacy in the fight against this plague, “he wrote.
The decision also includes the freedom of former Minister Moreira Franco, Joao Batista Lima Filho, Colonel Lima, appointed as financial operator of the alleged criminal scheme and five investigated Operation Decontamination, who were detained since last Thursday, by the decision of the Judge Marcelo Bretas, of the 7th Federal Court of Rio de Janeiro.
The other five who were also released by Justice on Monday are Maria Rita Fratezi, Carlos Alberto Costa, Carlos Alberto Costa Filho, Vanderlei Di Natalie, and Carlos Alberto Montenegro Gallo.
According to Athie, “even if there are indications that there are indications that may incriminate those involved,” there are no arguments to “justify” the pre-trial detention – at least at the moment – of the accused. “In addition to being old, it has not been shown that patients are undermining public order, that they would be hiding evidence, that they would be embarrassing, or attempting to embarrass eventually, and until now non-existent criminal instruction.”
The judge further says he took the weekend to read all the documents and thus “decide with confidence”. With the judgment of merit, Temer’s habeas corpus was removed from the agenda on Wednesday (27).
Temer was detained in Sao Paulo by agents of the PF (Federal Police). According to the MPF (Federal Public Ministry), the former president and nine others are targets of the operation Radioactivity, which is deploying Lava Jato.
The investigations indicate that Michel Temer is the leader of an organization that received bribes in the construction of the Angra 3 nuclear plant through contracts with contractors.
The suspects are investigated for cartel crimes, active and passive corruption, money laundering and fraud at the bidding.
By means of a communiqué sent to the press on the afternoon of this second, Moreira Franco’s defense pronounced on habeas corpus. “Wellington Moreira Franco’s defense was calmly awaiting the Court’s injunction. It is important for the development of the society that individual rights be preserved and the law respected.”