Fact: Defendants tried to reorganize the communist party in Paraná.
Crime: art. 43 of Decree-Law 898/69 (former National Security Law)
“Art. 43. Reorganize or attempt to reorganize in fact or in law, even under false name or simulated form, any party or association, dissolved by force of legal dissolution or judicial decision, or that exercises activities harmful or dangerous to national security, or make them work, under the same conditions, when legally suspended: Penalty: imprisonment, from 2 to 5 years.”
Grounds: Excessive term. Nullity of the prison decree. Absence of precautionary requirements.
There is no oral argument by Heleno. Only statements by the public attorney and the Judge-Rapporteur.