Justice grants provisional release to José Rainha, accused of extortion
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The leader of the National Fight Front, José Rainha Junior, had a request for provisional release granted by the Court of Justice of São Paulo, this Monday (12), even responding to the crimes of extortion and criminal association against rural producers in the region of Pontal do Paranapanema (SP) between the years 2021 and 2022.
In the judges’ decision, the habeas corpus injunction was granted because the Queen was a primary offender, had “a good record, proof of lawful activity [de agricultor] and fixed address” (see in full).
“Thus, the patient’s personal conditions and the circumstances of the crime, in the present case, do not justify the maintenance of preventive detention, given that there is no concrete data that point to the indispensability of the continuity of the precautionary segregation, of in such a way as to threaten the guarantee of public order, criminal instruction and the application of criminal law”, wrote the rapporteur Marcelo Semer in the decision.
He also noted that “the utmost caution is needed so that preventive detention is not used as a mechanism for early judgment of the accusation formulated, and at the same time, that actions that may have different evaluations in the political field are not treated as illegal. , as has already been consolidated in repeated decisions of the superior courts”.
Despite the decision, Semer acknowledges that the Queen is accused of demanding “large sums of money under the threat of non-cessation of occupations and prohibition of the holders of possession being able to enter the properties”. The crimes, he says, would only be revealed in 2023, but that the possibility of new land invasions “would not be exactly justification for the decree of preventive arrests”.
Semer attributed precautionary measures to the landless leader, such as being at home at night and during hours off work, personal appearance in court on a monthly basis and precautionary removal from potential victims.
In addition to the Queen, habeas corpus was also granted to Luciano de Lima and Cláudio Ribeiro de Passos, who were part of the movement.
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