The São Paulo Court asked the Federal Court to keep Gilberto Aparecido dos Santos, known as ‘Fuminho’, in the Federal Penitentiary System, which is a maximum security system and the responsibility of the Ministry of Justice.
The request comes after the substitute judge-corrector of the Federal Penitentiary in Brasília, Frederico Botelho de Barros Viana, ordered the transfer of the inmate to the prison system in the state of São Paulo.
Fuminho has been in the federal government’s maximum security prison since 2020, after being arrested in a mega-operation by the Federal Police in Africa with international bodies. He spent 21 years on the run. He is appointed by the authorities as the right-hand man of Marcos Willian Herbas Camacho, Marcola, top leader of the PCC.
THE CNN found that the Federal Public Ministry (MPF) also appealed the decision of the magistrate judge and sent an appeal to the federal judge to keep him in custody at the Brasília Federal Penitentiary, the same one that houses Marcola, but in a separate wing.
With these new requests, it will now be up to the federal judge in Brasília to decide whether or not to keep “Fuminho” imprisoned in the maximum security regime.
Half-open
According to the decision, the ’02 of the PCC’ – the largest faction in Brazil – must also comply with a semi-open regime, which is the type of sentence in which the prisoner works or studies outside the prison during the day, but returns to the prison unit at night.
Progression to semi-open had already been determined last September, but this model does not exist in the Federal Penitentiary System, so the judge reinforced the determination on the 9th.
The trip to the semi-open facility is due to the time frame, which is the minimum prison time served for the conviction, and ‘good behavior’, according to the Court.
Who is Fuminho
Gilberto Aparecido dos Santos, known as Fuminho, is imprisoned in the Federal Penitentiary of Brasília, and since 2020 in the federal system.
He escaped from Carandiru prison in 1999 and was only recaptured 21 years later, when he was arrested by the Federal Police in Mozambique, on the African continent, in 2020.
In 2022, he was sentenced to 26 years and 11 months at the São Paulo Court of Justice (TJSP) for being responsible for a shipment of 450 kilos of cocaine.
In addition to being the right-hand man of Marco Willians Herbas Camacho, Marcola, Fuminho, according to investigations, received R$200 million from the faction to rescue the top leader of the PCC, from federal prison, where Marcola has been imprisoned since 2019, when he was transferred from the Penitentiary 2 of Presidente Venceslau, in the interior of São Paulo.
At the time, the Special Group to Combat Organized Crime (Gaeco), from the MPSP, announced the discovery of a plan to rescue Marcola and 21 other PCC leaders, who were in P2 in Presidente Venceslau and also in Presidente Bernardes, both in the interior paulista.
Shortly afterwards, in March 2019, at the request of prosecutor Lincoln Gakiya, Marcola and the 21 leaders were transferred to federal prisons in Brasília and Porto Velho.
This content was originally published in Justice and MPF appeal to keep Marcola’s right-hand man in federal prison on the CNN Brasil website.
Source: CNN Brasil
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