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Maintained prison of former Petrobras Manager convicted in Operation Car Wash

Justice Edson Fachin, from the Brazilian Federal Supreme Court (STF), denied a follow-up (deemed unviable) to the Ordinary Appeal in Habeas Corpus (RHC) 153695, whereby the defense of former Petrobras manager, Márcio de Almeida Ferreira, aimed the revocation of his preventive detention decreed in Operation Car Wash.

The arrest was ordered by the judgment of the 13th Federal Court of Curitiba (PR) in the course of the investigation on payment of undue advantages to Petrobras managers by the companies "Akyso Assessoria e Negócios" and "Liderol Indústria e Comércio de Suportes". The custody was based on the risk of criminal recidivism and on the possibility of acts of concealment or dissipation of amounts deposited abroad. Habeas Corpus seeking the release of the former Manager were denied, successively, by the Regional Court of the 4th Region and by the Superior Court of Justice (STJ).

According to the file, in February of this year, Ferreira was sentenced to 10 years and 3 months of imprisonment for crimes of passive corruption and money laundering, and custody was maintained.

Decision

According to the Rapporteur, the STF's understanding is that the appeal is disruptive because of the supervening of a conviction against the defendant, recalling in that sense the judgment of HC 143333 (Antonio Palocci) by the Plenary. The rapporteur also noted that there is no illegality or abuse of justice in the prison decree that justifies the granting of the ex officio order.

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