Moraes grants provisional release to Bacellar, who will have to respect precautionary measures

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Other precautionary measures determined by Minister Alexandre de Moraes, who signed the decision that resulted in the parliamentarian’s arrest last week, include the ban on communicating with other people under investigation, the surrender of all passports and the immediate suspension of any firearms possession documents.

Night collection may be delayed, but only in case of sessions or votes in Alerj. However, it will be necessary to justify the situation to the STF within 24 hours.

In the event of non-compliance with a measure determined by the Supreme Court, the provisional release will be immediately revoked and imprisonment will be ordered again: a daily fine of R$50,000 is also provided.

• Decision of the deputies: Alerj publishes the resolution determining the release of Bacellar and informs the STF, which can impose precautionary measures

Previously, the edition of the Official Journal of the Legislature of Rio confirmed the decision in plenary, approving the revocation of Bacellar’s arrest, by 42 votes to 21. According to Alerj, after publication, an email was sent to the Supreme Court, making the decision official. The letter is mentioned in Moraes’ decision, with the mention of Monday’s extraordinary session, which decided to revoke “the preventive arrest decreed against a state deputy in petition 14.969”, without mentioning the President of the House by name. The document is signed by deputy Guilherme Delaroli (PL), who temporarily presides over the Legislative Assembly.

Bacellar was arrested last Wednesday, following a decision by Moraes, who responded to a petition from the Federal Police, which highlighted that the deputy had disclosed information about the operation that allowed the arrest of State Deputy TH Jóias (MDB), arrested in September on suspicion of involvement in the Red Command.

• Rodrigo Bacellar case: find out who voted for his release and who chose to keep him in prison

Check out the list of precautionary measures that must be respected by Rodrigo Bacellar, as determined by Alexandre de Moraes:

• Use of an electronic monitoring device (ankle bracelet);
• Dismissal of Alerj presidency during investigation;
• Home collection in the evening, from 7 p.m. until 6 a.m. the next day (Monday to Friday);
• On weekends, public holidays and public holidays, payment must be made in full;
• There is an exception for collection in the event of sessions and votes in Alerj: it can exceed the time of 7 p.m., provided it is justified to the STF within 24 hours;
• Prohibition on communicating with other persons under investigation;
• Hand over passports;
• Suspension of firearms possession documents.

What Moraes said in the decision to release Bacellar

After mentioning Alerj’s decision to revoke the arrest, Alexandre de Moraes nevertheless emphasizes “that the necessary conditions to guarantee public order and for the continuity of the criminal investigation in order to ensure the application of criminal law continue to be present”.

The minister recalls, in the text, an extract from his decision which resulted in the arrest of Bacellar on the 3rd, which highlighted signs of “possibly coordinated and structured actions” to “obstruct investigations, linked to the activities of the main violent criminal groups and their links with public officials and which require uniform repression”.

The facts reported are treated as “very serious”. Rodrigo Bacellar is mentioned as someone who “would actively act to obstruct investigations involving a criminal faction and actions against organized crime”, with influence within the executive branch, which could “increase the risk of criminal continuity and undue interference in investigations”.