Judge denies injunction of habeas corpus to Eike Batista

The businessman is arrested, preventively, in Prison Flag Stampa, the Penitentiary of Gericinó, Bangu, no RJ.
01/02/2017 17h55 - Updated 1/02/2017 17h55
Photo: play / internet

The federal judge Vigdor Teitel, the Federal Regional Court of the 2nd Region (TRF2), denied injunction to habeas corpus made by lawyer Fernando Martins to Eike Batista, that since Monday (30), he's in jail, preventively, in Prison Flag Stampa, the Penitentiary of Gericinó, Bangu, in western Rio. Second or TRF2, the merits of the habeas corpus should also be judged by the First Panel of the Court Specialized, of three judges.

To Vigdor Teitel, the decision of the first judge degree Marcelo Bretas, 7th Federal Criminal Court of Rio, that declared Eike Batista prison, It is properly grounded and has no illegality or abuse of power. In the view of Teitel, or magistrate, to ask prison, He intended to ensure public order and ensure the application of criminal law, with the possibility of the entrepreneur obstructing investigations.

"Given the amount of current demands on the judiciary that have a systemic corruption ocean involving holders of elective offices and businesses, through their leaders, through the use of simulated contracts and other nifty devices to tuition fees. In this way, the appeal to public order due to the specific gravity of the crimes allegedly committed, It seems sufficient to justify the declaration of probation ", disse Teitel.

The arrest of Eike Batista fulfilled one of the preventive arrest warrants decreed by Bretas judge in Operation Efficiency, an offshoot of Operation Calicut, investigating allegations of corruption involving the former governor of Rio de Janeiro, Sérgio Cabral, which is also attached, preventively, the complex Gericinó, Presidio Pedro de Oliveira Werling (Bangu 8).

The TRF2 reported that the arrest of the businessman was requested because statements of others involved in the process that have committed themselves to cooperate with the Justice indicated that Eike would have tried to obstruct the case of investigations. The claims for habeas corpus, the defense of the businessman maintained that there would be no concrete evidence of materiality and authorship to justify the remand of his client and the facts narrated by employees would be vague and assumed.

The Vigdor Teitel judge is replacing the rapporteur for the prosecution on appeal, federal judge Abel Gomes, who is on vacation until the day 8 of February.

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