Criminal Appeal 5,013 (Minutes 32 of 1976) – Heleno Cláudio Fragoso

• Fact: The defendants attempted to reorganize the Communist Party in Paraná.
• Crime: Art. 43 of Decree-Law 898/69 (former National Security Law)

“Art. 43. To reorganize or attempt to reorganize—in fact or in law, even under a false name or simulated form—a party or association that has been dissolved by operation of law or by judicial decision, or one that engages in activities harmful or dangerous to national security, or to cause it to operate under the same conditions when legally suspended: Penalty: imprisonment for 2 to 5 years.”

• Case: appeal filed against pre-trial detention.
• Grounds: Excessive delay. Nullity of the arrest order. Absence of requirements for precautionary detention.
• Oral Argument: Heleno Fragoso