The preliminary injunction for habeas corpus made by the defense of application delivery person Paulo Roberto da Silva Lima, known as “Galo”, was denied by judge Walter da Silva, of the 14th Chamber of the São Paulo Court of Justice.
With the decision, “Galo” remains detained in the 2nd Police District, in Bom Retiro, downtown São Paulo, in the investigation that investigates the fire around the statue of pioneer Borba Gato.
Temporary arrest, which the deliveryman is subject to, is provided for in cases where his release could hinder investigations. For example, when the accused does not have a fixed abode, he is at risk of flight or refuses to provide his identity.
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Attorney Jacob Filho, who represents the delivery person, guarantees that none of these requirements are present. In his words, it is a “political prison”.
“It’s a prison whose only objective is for him to hand over the other participants in the movement. There is no legal provision for this, it is atrocious illegality”, he pointed out.
According to the lawyer, the maintenance of the temporary prison is justified by the refusal of “Galo” to implicate others involved in the incident with the Bandeirante statue, which occurred during the demonstration by “Fora, Bolsonaro” on July 24th. The authorship was claimed by the “Peripheral Revolution” group.
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“It’s an absolutely absurd decision because it arrests the guy saying he didn’t report anyone, so he has to be arrested. The name of it is torture. Prison torture. Nobody is obliged to hand over cronies in this sense”.
Two others investigated in the case, Thiago Vieira Zem and Danilo Silva de Oliveira, known as “Biu”, are free.
“’Rooster’ is confident in what he has done, confident in the public debate he has raised about maintaining this kind of public monument, and confident that he has done the right thing. But he is clearly unhappy because he is living in an arbitrary and illegal prison”, says Filho.
Expectation of release
“Galo” and his wife, seamstress Gessica Barbosa, were arrested last Wednesday (28) after presenting themselves spontaneously to the Civil Police.
She was released on probation last Friday (30), after a forensic examination on her cell phone proved that she was at home at the time of the statue’s fire. On the same day, the Court extended for another five days the arrest of the application deliverer, who assumed to have participated in the action.
If nothing changes, Rooster will remain in detention until next Friday (6). Now, the defense strategy is to prevent temporary detention from being converted into preventive detention, which has no defined deadline. The request has already been made to judge Gabriela Marques Bertoli of the Criminal Forum of Barra Funda.
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On another front, lawyers try to anticipate the freedom of “Rooster”, taking the request for freedom to a higher court.
“We have already made a new Habeas Corpus (HC) for the Superior Court of Justice and we are awaiting the decision. We hope that the release will take place before these five days of temporary imprisonment”, says Jacob Filho.
Edition: Vinícius Segalla