Nadison Miranda Santos, aged 26, was arrested on Thursday (5) in Cascavel, but was released after a custody hearing on Friday (6).
He is suspected of filming the torture of a 31-year-old man, which took place in June, which resulted in the amputation of the victim's arm.
The police justified the act by joining a criminal organization, but the court relaxed the arrest due to a lack of sufficient elements.
A 26-year-old man, identified as Nadison Miranda Santos, was arrested in the act last Thursday afternoon (5) on suspicion of having participated in a beating in the "crime court" that resulted in the amputation of an arm of a 31-year-old man who was being "tried", in the municipality of Cascavel.
He was released after a hearing, in which the court found that there was no evidence for the act.
The crime occurred in June, in the Caponga neighborhood. According to the police investigation, the victim worked selling cell phone accessories and did other informal work. The 31-year-old man has a record of drug trafficking. That month, he was approached by two men from the criminal faction Comando Vermelho (CV), including Nadison.
The pair reported that he had been accused of stealing a bicycle in Caponga, and that he would undergo "discipline" for failing to comply with Comando Vermelho's rules. He was taken to a place where there were three more men, some of them armed. The group then started attacking him with sticks that had nails in them.
According to the investigation, Nadison participated in the torture session, filming the attacks, but did not attack the man. After the attacks, the victim was left on a street, bloodied and unconscious, with several injuries.
He was rescued by family members and taken to a UPA in the city, where he was discharged a few hours later, but he worsened, was admitted again and was urgently transferred to the Instituto Dr. José Frota (IJF) hospital, in Fortaleza. He spent weeks in hospital and had his right arm amputated due to infections resulting from his injuries, and was eventually placed in a medically induced coma.
The Cascavel Police Station detained Nadison as a red-handed arrest, understanding that the crime of which he is accused, of being part of a criminal organization, is a crime that does not cease as long as the individual is a member of the criminal structure.
The suspect underwent a custody hearing on Friday (6) at the 7th Regional Center for Custody and Guarantees, in the District of Maracanaú, and had his arrest in the act relaxed after the judge considered that there were not enough elements to justify an arrest.
"In the specific case, there were not enough elements presented to demonstrate that, at the time of capture, the accused was committing the crime of being part of a criminal organization, or that any other hypothesis provided for in article 302 of the Code of Criminal Procedure was present. Therefore, given the lack of demonstration of the situation of being caught in the act, it is not legally possible to ratify the arrest report in the act, requiring recognition of the illegality of the arrest", said the court.
The investigation against Nadison and the other suspects of participation in the torture session continues.
