The 6th team of justices at the Superior Court of Justice granted habeas corpus to the Batista brothers – JBS partners who have been in jail for the past five months. The decision was backed by three of the five judges.
They were serving their sentences in prison for insider trading at the time the recourse was issued. The brothers are suspected of having taken advantage of the impact that their plea-bargain agreements would have on currency rates and buying dollars in order to make a profit.
Wesley Batista has been banned from leaving the country and from participating in financial market activities. He will also have to wear an ankle monitor, appear in court periodically and keep his address updated.
Despite having also been contemplated by the decision, Joesley Batista will remain in jail given that it was Supreme Court Justice Edson Fachin who ordered his arrest.
Judge Rogerio Schietti, who was in charge of the case, considered their pre-trial detention legal but stressed that the risk of recidivism had been diminished after spending months in prison, and that other measures could now be taken.
The brothers were arrested in September after their plea-bargain agreements were revoked by the General Prosecutor’s Office (PGR).
“It was not an easy win, but it was well-earned. Their imprisonment was uncalled for”, said Antônio Carlos de Almeida, known simply as “Kakay”, the attorney representing the Batista brothers.