The Superior Court of Justice (STJ) denied a request for freedom for a partner of the “Pharaoh of Bitcoins”, Glaidson Acácio dos Santos.
This decision ended up being taken by Minister Jesuíno Rissato (Convoked Judge of the TJDFT) on November 18, with publication in the Diário da Justiça the following day.
Tunay Pereira Lima’s defense filed a request for Habeas Corpus after TRF2 decided to maintain his prison. On the same day, Glaidson Acácio dos Santos had his arrest warrant upheld.
“This is a preliminary injunction deducted in the habeas corpus substitutive of an ordinary appeal, filed in favor of TUNAY PEREIRA LIMA, against v. judgment rendered by eg. Federal Regional Court of the 2nd Region.”
It is worth remembering that the suspects and investigated by the Federal Public Ministry and the Federal Police in Operation Kryptos were arrested on August 25, completing their first 90 days this week.
Tunay’s defense argued that he was not one of the leaders, without a prominent role, being responsible only for the intermediation of part of the values of GAS Consultoria Bitcoin. He asked for the revocation of preventive detention, which would be replaced by a precautionary one.
However, when analyzing Tunay’s request, the STJ Minister did not agree with the elements presented by the defense, and that he is one of the main operators alongside his wife.
“[…] it integrates a sophisticated and structured criminal organization, aimed at committing crimes against the National Financial System and money laundering, simulating a supposed public offering of an investment contract, supposedly without prior registration, linked to speculation in the cryptocurrency market, with a forecast of financial return 10% on the amount invested, with remittance of the financial benefit of dubious legality abroad, in which the patient and his partner “would be important partners and operators of the alleged criminal scheme now under investigation”.”
The minister also declared that he does not identify illegality in his arrest, rejecting Tunay’s request for habeas corpus.
Alleged “Pharaoh of Bitcoins” should ask for freedom in the STJ too
The STJ decision against Tunay could set the tone for future requests for freedom in court, as the leaders of GAS Consultoria Bitcoin are being investigated as part of a criminal organization, according to the decision of Minister Jesuíno Rissato.
When TRF2 denied the freedom to Glaidson Acácio, the “Pharaoh of Bitcoins” saw his defense affirm that he would try to appeal in higher courts, with the STJ being the first door for these appeals.
In other words, the decision against Tunay shows that there are elements for the courts not to easily grant the freedom of GAS leaders, since there is a jurisprudence in the Federal Supreme Court (STF), ruling by Minister Carmen Lúcia, against the freedom of investigated by criminal organization.