Mr Abdala Fraxe has application for execution of sentence suspension deniedThe congressman was sentenced for the crime of abuse of economic power by the Federal Regional Court of the 1st Region (TRF1).
In injunction, Minister Humberto Martins, vice-president do STJ (Superior Court) acting as Chairman, dismissed application for suspension of provisional enforcement of penalties restricting rights against the state legislator Amazon Abdala Júnior Habib Fraxe (We can), convicted of the crime of abuse of economic power by the Federal Regional Court of the 1st Region (TRF1) and trying to re-election 2018.
The deputy was denounced by federal prosecutors for alleged involvement in artificial fixing scheme of fuel prices and oil products, articulated in order to eliminate competition in gas stations in the Amazon.
In the first instance, the parliamentarian had been convicted of conspiracy offenses and crimes against the tax order, however the Second Section of TRF1 kept in high school only conviction for the crimes set out in Article 4, paragraph I, of law 8.137/90. The court fixed the open regime for serving the sentence, with its replacement by two penalties restricting rights, to be defined by the execution judge.
No request for habeas corpus, the defense claims that the fractional organs of TRF1 are issuing provisional implementation guides pen shortly after the judgment of requests for clarification, which would violate the current case law of the Supreme Court. According to the defense, the state representative was illegally suffering the legal consequences of the provisional condemnation, it will have affected their political rights.
Minister Humberto Martins pointed out that, according to decree of the Second Section of TRF1, shipment from the pen of provisional execution guide license will be released only after the trial amendment of judgment. The minister pointed out that the defense filed embargoes on prosecution pending in high school, but the appeal is still pending judgment.
Humberto Martins also noted that, depending on the case STJ, habeas corpus is not applicable if there is no possibility of the right to mobility is illegally embarrassed.
"In this way, before everything was explained above, the well-founded fear of illegal constraint and the possibility of immediate arrest seem absent and away recognition, this limited examination requirements of emergency provisionses, the delay setting hazard, or what, alone, It is sufficient for the rejection of the preliminary injunction ", He concluded Minister.
The merits of the habeas corpus will be analyzed by the Fifth Panel. The rapporteur is Minister Felix Fischer.