The Court of Justice of São Paulo (TJ-SP) again unanimously denied, this Tuesday (27), a new request for habeas corpus presented by the defense of lawyer Deolane Bezerra.
The request requested the transfer to the Federal Court of the criminal case in which she faces suspicion of being part of a criminal organization and practicing money laundering.
The trial took place in the court's 16th Criminal Law Chamber. After the decision, lawyer Aury Lopes stated that the defense will appeal to the Superior Court of Justice (STJ).
The São Paulo court rejected the defense's thesis about federal jurisdiction over the crime being investigated.
Deolane Bezerra's defense says in a statement that maintaining the lawyer and influencer's arrest is illegal and states that it will appeal the decision of the Superior Court of Justice (STJ), in Brasília.
"Deolane Bezerra's defense receives the decision to maintain preventive detention with surprise, as the arrest is clearly unnecessary, illegal and disproportionate. It informs that its client is innocent, having no connection with a criminal organization, and that her financial transactions are the result of legal business activities and legal fees, as will be duly proven during the evidentiary investigation", said the lawyer.
"The defense reiterates its confidence in the institutions and will continue to adopt all applicable instruments to restore Deolane Bezerra's freedom," he declared.
The request made by the Public Ministry occurred because the law determines, every 90 days, the reevaluation of preventive detention.
In the decision, the 3rd President Prudente Court concluded that the requirements for preventive detention remain present, especially: the guarantee of public order and economic order; the convenience of criminal investigation; the need to ensure the application of criminal law; the risk of continued money laundering activities; the existence of evidence of structured and permanent activity of a criminal organization.
According to the Public Ministry's complaint, the criminal organization was divided into three groups: the decision-making group, made up of the head of the PCC, Marco Willians Herbas Camacho, and Alejandro Juvenal Herbas Camacho Junior; operational; and finance — according to the accusation, Deolane is part of this last group.
In the request presented this Thursday, prosecutors from the Special Action Group to Combat Organized Crime (Gaeco) state that Deolane would be "the main member of the financial core", responsible for hiding and dissimulating funds of illicit origin through bank accounts linked to her and her companies, in addition to converting these amounts into goods of high economic value.
Another argument presented by Gaeco is that two of the defendants, Paloma Sanches Herbas Camacho and Leonardo Alexsander Ribeiro Herbas Camacho, remain at large, which, in the Prosecutor's opinion, reinforces the need for preventive detention to ensure the application of criminal law.
According to the complaint, those investigated were part of a criminal organization focused on concealing and disguising resources from illicit activities attributed to the PCC.
According to the Public Ministry, analyzes of tax and banking documents and technical reports would indicate movements of large amounts of money and the conversion of these resources into assets with the appearance of legal origin. The indictment also claims that the group used shell companies and intermediaries, known as "oranges", to hide the origin of the money.
In July, the São Paulo Court of Justice (TJ-SP) unanimously denied a request for habeas corpus presented by Deolane's defense. At the time, the rapporteur, judge Renata Cantello, stated that the allegations presented by the defense and by the OAB-SP report represented "mere dissatisfaction with the natural rigidity of the detention regime and issues of internal administrative management", without demonstrating illegality in pre-trial detention nor justifying its replacement by house arrest.
The judge also highlighted that Deolane's registration with the Brazilian Bar Association (OAB) has been suspended since the order of his arrest.
