Brazil: Justice Moraes orders the release of former minister of Justice and imposes the use of electronic ankle bracelets

Justice Alexandre de Moraes of the Federal Supreme Court (STF) ordered the release of former Minister of Justice Anderson Torres.

Torres, who served as Public Safety Secretary of the Federal District, has been in prison since January 14 as part of the investigation into the alleged omission of authorities in the acts of vandalism on January 8.

Around 9:10 pm, Torres left the Military Police battalion, where he spent more than 100 days in preventive detention.

“The present decision will serve as a claused release in favor of Anderson Gustavo Torres and will also serve as a letter of presentation to the Judge of the Court of Criminal Executions of the Federal District within 24 hours,” wrote the Justice.

Moraes determined a series of precautionary measures to authorize Torres’ release:

• use of an electronic ankle bracelet;
• prohibition to leave the Federal District and to leave the house at night and on weekends;
• temporary removal from the position of Federal Police delegate;
• weekly appearance at the Court of Criminal Executions of the Federal District;
• prohibition to leave the country; cancellation and surrender of passport;
• suspension of carrying firearms, including functional ones; prohibition to use social networks;
• and prohibition to communicate with others investigated.

“At the present moment, therefore, the maintenance of imprisonment is no longer adequate and proportional and can be effectively replaced by alternative measures,” said the magistrate.

In the decision, the Justice stressed that failing to comply with any precautionary measures would result in the revocation and decree of the arrest.

On January 10, Moraes ordered the preventive detention of Torres for the alleged omission in performing his duties as secretary of security before the invasion and depredation of the headquarters of the Three Powers on January 8.

The former minister was arrested on January 14 after returning from a trip to the United States, where he was vacationing with his family.

PGR DEFENDED TORRES’ RELEASE

In April, the Prosecutor General’s Office (PGR) came out in favor of revoking the remand in custody of the former Justice Minister.

The deputy prosecutor general of the Republic, Carlos Frederico Santos, defended the adoption of precautionary measures.

“At the present moment of the criminal investigation, the reasons for
maintenance of the extreme precautionary measure concerning Anderson Gustavo Torres ceased because the necessary compatibility between criminal justice and the right to freedom demonstrates that the effectiveness of preventive detention has already reached its purpose, with the effective realization of new police investigations, which were pending on 20/4/2023,” said Moraes.

THE DEFENSE SAYS IT RECEIVED THE DECISION WITH “SERENITY

The lawyer Eumar Novacki, representing the former minister, said that Moraes’ decision was received with “serenity”.

The former minister’s defense presented several requests for his release.

In the most recent ones, the lawyers argued that there was a risk of suicide due to Torres’ psychological health condition.

“We receive with serenity and respect the decision of Minister Alexandre de Moraes to grant freedom to Dr. Anderson Torres, who has been in prison since January 14.”

“The defense reiterates its confidence in justice and unrestricted respect for the Federal Supreme Court.”

“Anderson Torres himself is the one most interested in a swift investigation of the facts,” the statement said.

CONGRESS MEMBERS CELEBRATED THE DECISION

Lawmakers who participated in a public hearing in the Communication Commission about censorship in Brazil celebrated Moraes’ decision.

Among the parliamentarians present were Gustavo Gayer (PL-GO), Bia Kicis (PL-DF), and Filipe Barros (PL-PR).

Last week, senators Rogério Marinho, Magno Malta, Eduardo Gomes, Jorge Seif, and Márcio Bittar visited Torres at the Military Police Battalion of the Federal District, where he is being held.

Moraes had authorized 38 senators to visit Torres, provided they were divided into groups of up to five congressmen.

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