Judge denies house arrest Paulo Malufin the decision, the argument that parliamentary judge may serve his sentence in Penitentiary Papuda, in Brasilia, even before his health condition.
Bruno Aielo Macacari judge, the Court of Criminal Executions (VEP) Federal District, denied today (17) house arrest request made by the defense of Deputy Paulo Maluf (PP-SP), stuck to fulfill final sentence of seven years and nine months for money laundering, defined by the Supreme Court (STF).
in the decision, the argument that parliamentary judge may serve his sentence in Penitentiary Papuda, in Brasilia, even before his health condition. The magistrate's understanding, the prison is able to provide emergency treatment to Maluf, if requested.
"In short, harping that humanitarian house arrest takes place only in strict cases where the convict can not receive treatment within the prison, and that there is evidence more than enough that this is not the case of these autos, according to extracts of the factual context which currently presents, I have the rejection of the request is defensive as it imposes ", says the decision.
After the Minister of STF Edson Fachin determine the enforcement of the sentence, in December last year, Maluf's lawyers argued that he must comply with house arrest because he suffers from prostate cancer, heart problems and column, plus herniated disc, e, according to them, there is no adequate medical care in Papuda.
Denial of service and food
In a decision section, the judge said Paulo Maluf refused to receive dental care in Papuda because the query has not been performed on time. The deputy arrived to sign a waiver in which refused service.
“I, Paulo Maluf, records (snip), I declare, for appropriate action, I refuse to receive medical care and to submit to any procedures relating to health, carried out by the health team this prison unit”, the document says.
The judge also pointed out to for about 16 thousand prisoners in Penitentiary Papuda, and 1 thousand with serious illnesses, among which 485 hypertensive, 4 heart disease and seven wheelchair.
About the concern of the defense in relation to the deputy health in prison, the judge said Maluf is not feeding properly on its own and "has spent the day at the mini pizza base, soda, coffee and water ", items that are not part of the food that is served in prison, and they are paid for it in the cafeteria of Papuda.
"Neither is alleged that it was imperative that consumption by failure than offered to sentenced the four daily meals, especially by the fact that their menus are defined by nutritionists. moreover, this being his desire, could receive other foods, including fruit, through visitors or lawyers, since covered the food among those ticket allowed in prison, with the prior consent of the health professionals. ”, the judge said.