The Federal Supreme Court archived, on Monday (September 16), the case of the assault committed by Vice President Marcinho against another prisoner in Catanduvas. Ministers unanimously rejected a request to annul the sentence of the head of Comando Vermelho and asked for the case to be closed.
Marcinho’s defense tried to cancel the disciplinary process against faction leader Rio three times at the STF. The lawyers said he was represented by a public defender who failed to defend him.
The defense also argued that the detainee who was attacked by Vice President Marcinho did not want to file criminal charges against the head of Comando Vermelho. The detainee who was beaten vehemently denied during internal proceedings that he had been attacked and said he suffered from “epilepsy.”
Gilmar, who is the reporter of the case, argued that Vice President Marcinho asked to be represented by a public defender even though he had several lawyers at his disposal. The STF minister also stated that, although the attacked detainee chose not to act against the head of Comando Vermelho, there is material evidence that he participated in the beating.
After being convicted of a serious offense for the episode, Vice President Marcinho lost a third of the days of his pardon and the period to continue to the regime was stopped. The decision was approved by the Criminal Execution Section of Catanduvas and upheld, once again, by the STF.
Gilmar’s decision was submitted to the virtual plenary of the second group of the STF and was unanimously adopted among the ministers.
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