Minister Gilmar Mendes, president of the STF (Supreme Federal Court), granted habeas corpus to gay sergeant Laci Marinho de Araújo, who was imprisoned in the Army Police Battalion in Brasília, accused of desertion.
Laci's defense challenged the decision of the Military Superior Tirbunal (STM), who had denied the sergeant's request for provisional release. In his decision, Minister Gilmar Mendes said that the STM's determination is contrary to the Supreme Court's jurisprudence, "as it establishes the absolute absurdity of provisional freedom in a desertion process."
The minister argued based on article 4453 of the Code of Military Criminal Procedure which says: "a deserter who is not judged within 60 days, counting from the day of his voluntary presentation or capture, will be released, unless he has given causes the process to be delayed."
Sergeant Laci gained notoriety after admitting his relationship with, at the time, also Sergeant Fernando de Alcântara, on the cover of "Época" magazine and, later, being arrested on the Super Pop program, on Rede TV!. After his arrest, Fernando, who was released, began to denounce numerous forms of torture that his companion suffered in military prison, in addition to Laci's psychological problems, which could worsen.
Regarding the case of the sergeants, you can read two reports that the The Cape did it exclusively, clicking here e here.
