Judge Eduardo Fernando Appio, of the 13th Federal Court in Curitiba, decided today (21) to maintain the arrest of money changer Alberto Youssef, one of the whistleblowers in Operation Lava Jato. The decision was handed down in a custody hearing and after the decision of the second instance that determined the release of the money changer. Youssef was arrested yesterday (20) by order of Appio, however, in the beginning of the afternoon of today, a decision pronounced by the disembargator Marcelo Malucelli, of the Federal Regional Court of the 4th Region (TRF4), headquartered in Porto Alegre, had guaranteed freedom to the money changer. When analyzing a habeas corpus filed by Youssef’s defense, Malucelli recognized the illegality of the arrest decree. However, after the hearing was held, a new arrest warrant was issued against Youssef. By maintaining the prison, Appio argued that new documents justify the decision. Due to the habeas corpus granted by TRF4, the judge even revoked the arrest during the custody hearing, but issued another warrant based on the new facts. With that, the release of the money changer determined by Malucelli will not even be fulfilled. “The police authority should note that on this date a new decision was issued declaring the preventive detention of Alberto Youssef, now on new grounds and documents, a new arrest warrant having been issued to be carried out before the fulfillment of the permit, therefore, the person under custody remain imprisoned under this new decree”, justified the judge. In justifying the arrest, just yesterday, Appio took into account information provided by the Federal Revenue about the money changer’s assets. According to the decision, Youssef did not return all the embezzled amounts to the public coffers and has a life incompatible with the “situation of the vast majority of Brazilian citizens”. According to the Revenue, he also tried to buy a helicopter and a plane. Defense Alberto Youssef’s defense maintains that the arrest is illegal because it was decreed ex officio, that is, without a request from the Federal Public Ministry (MPF). In addition, the defense argues that the process that gave rise to the Federal Revenue’s tax representation was suspended and that the money changer is wearing an electronic ankle bracelet, facts that would rule out the need for preventive detention.
Agência Brasil
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