A judge from the TRF-4 (Regional Federal Court of the 4th Region) overturns Eduardo Appio's new decision, and Alberto Youssef will be released.
Youssef's defense requested his immediate release, and Judge Marcelo Malucelli, of the appeals court, granted the request urgently.
Sergio Rodas, Conjur - Judge Marcelo Malucelli, of the Federal Regional Court of the 4th Region (PR, SC and RS), reaffirmed on Tuesday afternoon (March 21) the revocation of the preventive detention of money launderer Alberto Youssef.
Based on the decision, Judge Eduardo Appio, the new head of the 13th Federal Court of Curitiba, ordered the release of Youssef.
Appio had decreed Youssef's detention on Monday (March 20). The judge upheld the measure at a custody hearing, which took place at 1:30 pm this Tuesday, and ordered the issuance of the arrest warrant.
>>> Judge in Lava Jato case issues new ruling and upholds Alberto Youssef's arrest.
Malucelli revoked the preventive detention of the money launderer at 14:49 PM, according to a case file search on the court's website. The decision of the TRF-4 magistrate was communicated to the 13th Federal Court of Curitiba at 15:04 PM, however, at 15:39 PM, Eduardo Appio issued a new preventive arrest warrant. The judge had not been informed of Malucelli's decision, as he stated to the online magazine Consultor Jurídico.
Youssef's defense challenged the arrest warrant at the TRF-4 (Regional Federal Court of the 4th Region). Late Tuesday afternoon, Marcelo Malucelli reinforced the revocation of the money launderer's preventive detention. The judge stated that there had been no change in Youssef's situation and reiterated that a judge can only order a precautionary measure at the request of the parties, and not on his own initiative—as Appio did.
Comings and goings
Judge Appio's decision to order Youssef's arrest was prompted by a tax fraud report filed by the Federal Revenue Service. The proceedings were suspended due to a plea bargain agreement between the money launderer and the Federal Public Prosecutor's Office—one of the pillars of "Lava Jato." Appio considered that the plea bargain does not cover the tax fraud report and also pointed out that Youssef did not pay his tax debts, changed his address without notifying the court, and poses a high degree of social dangerousness, as he is a repeat offender in white-collar crimes and money laundering.