Prosecutor AM appeals the decision extinguished penalty Adail PinheiroThe penalty was abolished by Luis Carlos Valois judge on 24 from January, based on a presidential decree. The measure had a favorable opinion of the Amazon MP.
The Amazonas State Prosecutor (MP-AM) He filed an appeal in the Court of Criminal Executions (VEP), In Manaus, against the decision that abolished the imprisonment of more than 11 years of the former mayor of Coari, Adail Pinheiro. The former politician was convicted in November 2014 on charges of running a network of sexual exploitation of children and adolescents. The penalty was abolished by Luis Carlos Valois judge on 24 from January, based on a presidential decree. The measure had a favorable opinion of the Amazon MP.
The magistrate and the court assessed that Adail meet the requirements to receive pardon, as good behavior. But prosecutors backtracked, reevaluated the process and pointed out mistakes in decision. Not appeal, presented on Tuesday (31) the agency argues that the judge should have assessed the former mayor's behavior throughout the time of seclusion and not just in the period of 8 of the November 30 from December, when he served time in the Prison Complex Anísio Jobim (Compaj) and house arrest, monitored by electronic ankle bracelet.
"Left, therefore, Judgment of the Court of Criminal Execution, to take into account the aggravated behavior in the period was cloistered in CPE / PMAM [Command Policing Special of the Amazon Military Police]”. The document mentions that Adail had considered bad behavior after an inquiry, opened in June last year, which found the discovery of two mobile phones in the cell, what is considered serious misconduct. For this reason, the former politician would not be entitled to presidential pardon, according to the MP.
One of the lawyers of the former mayor, Fabrício Parente, said he was appalled by the decision of MP and that the agency is acting under pressure from the press. He reiterated that Adail meets all the requirements to receive presidential pardon. On the charge of misbehavior, the defense claims that the inquiry opened last year to see the grave of his client was annulled by the courts.
"The MP joined with a running injury, claiming that this inquiry was not determined by the judge. Contrary to claims prosecutors, this inquiry was so determined and it was annulled by the judge because there was disrespect for the legal defense and contradictory as the investigator authority appointed dative defender Adail a lieutenant in the Military Police, without legal authorization, without being a public defender. When the judge took note of this aberration, he overturned the receivership. Therefore, that grave which had been imputed to Adail fell to the ground. The investigator authority should have opened a new inquiry, but this did not happen ", defends lawyer.
Fabrício Parente said, if the court determines that Adail back serving the sentence, resort to international courts. "We are analyzing the possibility, inclusive, we go to the Inter-American Court of Human Rights and the UN also. The Adail today is condemned by society and the media, and not for justice. No Brasil, the company does not have this task”, said lawyer.
The office of the MP said, by agenda issues, Attorney General of Amazonas Justice, Pedro Bezerra, could not be interviewed for comment.