Vanessa@vanessa

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Deolane's lawyer explains that the case procedures now depend on the judge releasing Dr. Deolane, noting there is no automatic release simply because 90 days have passed since preventive detention began. The 90-day review requirement was introduced by the 'pacote anticrime' in 2019, altering article 316, parágrafo único. Under the original intent of that article, failure to conduct a 90-day review should render the detention illegal and mandate release. In the André do Rep case, Minister Marco Aurélio ruled that failing to review within 90 days made the detention illegal. Following public outcry over the André do Rep decision, the Supreme Court reinterpreted article 316 to state that detention remains legal even if the 90-day review is not performed. Judges must review preventive detention every 90 days and justify whether it remains necessary, but they are not forced to release the detainee solely due to the time lapse. The lawyer argues that Dr. Deolane's current detention is illegal and unnecessary. The lawyer hopes the judge will consider alternatives such as house arrest or bail based on her status as a mother.

3w

Vanessa@vanessa

Seguir

Deolane's lawyer explains that the case procedures now depend on the judge releasing Dr. Deolane, noting there is no automatic release simply because 90 days have passed since preventive detention began. The 90-day review requirement was introduced by the 'pacote anticrime' in 2019, altering article 316, parágrafo único. Under the original intent of that article, failure to conduct a 90-day review should render the detention illegal and mandate release. In the André do Rep case, Minister Marco Aurélio ruled that failing to review within 90 days made the detention illegal. Following public outcry over the André do Rep decision, the Supreme Court reinterpreted article 316 to state that detention remains legal even if the 90-day review is not performed. Judges must review preventive detention every 90 days and justify whether it remains necessary, but they are not forced to release the detainee solely due to the time lapse. The lawyer argues that Dr. Deolane's current detention is illegal and unnecessary. The lawyer hopes the judge will consider alternatives such as house arrest or bail based on her status as a mother.

3w