A prisoner from January 8 who was on provisional release with an electronic ankle bracelet was taken back to prison after failing to comply with precautionary measures imposed by the Minister of the Federal Supreme Court (STF), Alexandre de Moraes. The arrest took place in Rio Grande do Sul on January 31, just over a month after the traditional Christmas “outing” in which hundreds of criminals — around 1,500 in São Paulo alone — left prisons and did not return.
According to lawyer Hélio Junior, ordinary prisoners also have the possibility of defense when breaking precautionary measures of provisional release, and usually participate in a warning hearing to deal with the case. However, the lawyer reports that 8/1 prisoner Marcio Rafael Marques Pereira did not have the opportunity to clarify the “possible non-compliance”, and the minister’s decision ordered the immediate resumption of preventive detention.
“The defense was not even cited”, laments the lawyer, informing that the arrest was carried out on the same day that Marcio refused the proposed non-criminal prosecution agreement, offered by the Attorney General’s Office (PGR) to avoid a possible conviction. “And, if there was any type of non-compliance with the precautionary measures, imprisonment is an extreme measure, being unreasonable”, he points out.
Marcio is 42 years old and was arrested in the city of Novo Hamburgo, at his maternal grandmother’s residence. He was taken to the Federal Police Superintendency (PF), from where he should be sent to the Rio Grande do Sul Prison System.
Who is prisoner Marcio Rafael Marques Pereira?
In an interview with People’s Gazette, Marcio’s mother informs that he is the father of three children and was working as an app driver to earn a living. “In fact, he was arrested during a break from work, when he stopped at his grandmother’s house,” she reports. The children aged nine, 13 and 14 were not there at the time of the arrest.
Marcio was arrested on January 9th in the camp in front of the Army Headquarters, in Brasília, and remained in the Papuda Penitentiary Complex, in the Brazilian capital, for more than 90 days. “He didn’t do anything, he didn’t participate in the mess and ended up suffering a lot, unfairly”, says Márcia, mentioning that her son lost more than 30 kilos.
Now, the family is worried about the situation and hopes for “divine providence”. The defense made a new request for parole in an attempt to reverse the prison sentence, and is awaiting analysis. Meanwhile, the gaucho remains incarcerated for an indefinite period of time, as there is no date for his trial.