Superior Court of Justice orders the release of MC Ryan SP and 32 others arrested in a Federal Police operation for money laundering.
The Superior Court of Justice has ordered the release of funk singer MC Ryan SP and other individuals detained by the Federal Police. The decision was made this Thursday (April 23) by Minister Messod Azulay Neto. The magistrate considered the 30-day temporary arrest ordered by the lower court illegal, since the police force itself had requested only five days of detention.
According to the minister, the ruling by the 5th Federal Court of Santos that led to the targets' temporary arrest for 30 days exceeds the five-day period indicated in the Federal Police's request. "Especially since the police authority's own request was limited to a five-day period, the defense is correct, and the extreme measure should be restricted to the period requested by them, which is five days," the magistrate stated.
MC Ryan SP was in the Belém Provisional Detention Center, in the East Zone of São Paulo. The arrests occurred on April 15th during an operation by the Federal Police.
The habeas corpus benefits all those arrested in the operation who are in a situation similar to that of the funk singer. Among those investigated who should be released are MC Poze do Rodo, influencers Chrys Dias and Raphael Sousa Oliveira. The latter is responsible for the Choquei page. According to the STJ's decision, the habeas corpus extends to the other 32 targets arrested in Operation Narco Fluxo.
Understand the decision
The decision was based on the incompatibility between the deadline requested by the police authority and the period decreed by the court. The five-day period requested by the Federal Police had already expired when the minister analyzed the case.
Lawyer Alexander Neves Lopes explains that temporary arrest is a precautionary detention, applied to preserve the investigation. “In this case, the federal police officer requested a period of five days, extendable for another five days. However, the judge ruled beyond the requested period. [It was] 30 days, extendable for another 30,” he detailed.
"In the view of the STJ minister, the first-instance judge ruled beyond the scope of the request, and that clearly constitutes an illegal constraint. And logically, he communicated this to the other defendants because it deals with a procedural rule and not a matter of personal conduct for each investigated party. So, evidently, everyone will be released," he stated.
According to lawyer Ricardo Martins, a specialist in Criminal Procedure Law and Criminal Law, the determination of a longer period for temporary detention than that requested by the Federal Police is a "discrepancy." "The court decreed 30 days without any valid justification for such an extension," he argued.
“In criminal proceedings, the judge is not absolutely bound by the request of the police authority, but cannot decide in a more severe manner without concrete and adequate justification. By exceeding the required deadline, without a specific basis in the legal requirements of Law 7.960/89, the decision becomes disproportionate and illegal,” he told Metrópoles.
He also confirms that the habeas corpus extends to the other targets arrested under the same decision. According to him, this is a legally correct and quite common application. "This is the so-called extensive effect, provided for in article 580 of the Code of Criminal Procedure," he pointed out.
According to Ricardo Martins, when there is an identity of factual and legal situations among those under investigation, a decision favorable to one should benefit the others, avoiding unequal treatment. Therefore, he says, if the 33 individuals under investigation had their arrest ordered under the same conditions—same decision, same grounds, and same illegality—all should be covered by the order granted, regardless of whether they filed habeas corpus petitions individually.
The arrest exceeded the limits of judicial action.
According to Evandro Capano, PhD in Law from the University of São Paulo (USP) and specialist in public security and military law, the STJ's decision recognizes a clear illegality in the temporary arrest warrant, precisely because there was a discrepancy between what was requested by the police authority and what was imposed by the court.
“The Federal Police requested a 5-day period — the ordinary legal deadline — but the magistrate extended it to 30 days without prompting and without apparent adequate justification, which violates both the principle of strict legality and the accusatory model itself, by exceeding the limits of judicial action,” said Capano.
Regarding the extent of the effects, the logic is equally clear, according to Capano: if the illegality stems from a structural flaw in the decision—and not from individual circumstances—all those who had their arrest ordered in the same act, under the same grounds, are in the same legal situation. “Therefore, the STJ's decision, although formally directed at one of those involved, has an evident expansive scope, and should benefit the other parties involved, in the name of equality and the coherence of the justice system.”
“Ultimately, this is a reaffirmation of an essential limit of the criminal process, regardless of who is facing charges: freedom cannot be restricted by decisions that exceed legality and legitimate provocation,” states Evandro Capano. When this occurs, correcting the flaw is not optional—it is imperative and must reach all those affected by the same illegality.
"In this case, the police authority should renew its request, now presenting, with proper justification, a request for preventive detention, safeguarding those involved in the operation for a longer period, for the benefit of the investigation," the lawyer explained.
Accusations and amounts involved
The suspects are accused of participating in a money laundering scheme exceeding R$ 1,6 billion. The illicit activities under investigation include illegal betting , clandestine raffles, international drug trafficking, shell companies, front men, cryptocurrencies, and remittances abroad.
The Federal Police believe that the financial volume moved by the criminal group exceeds R$ 260 billion, according to a decision by federal judge Roberto Lemos dos Santos Filho. The court ordered the freezing of up to R$ 2,2 billion in assets belonging to Ryan. The freeze was imposed on 77 targets of the Federal Police, including companies and individuals.
According to the court decision, the estimated value for the asset freeze was calculated based on the estimated profit from the crimes allegedly committed: "International trafficking of more than three tons of cocaine, plus the financial flow identified in the financial intelligence reports forwarded by COAF (Council for Financial Activities Control)."
Defense celebrates decision
Lawyer Felipe Cassimiro, who defends MC Ryan SP, said in a statement that the decision recognizes the "illegality of the arrests of MC Ryan, Diogo 305, and the other individuals investigated in Operation Narco Fluxo." He further stated that "the natural and legal consequence of this decision is the revocation of the arrest, a measure that stems directly from the decision itself, recognizing the error in the time frame set for the temporary detention."
In a social media post, Cassimiro celebrated the result. "We made history. Thank you, God!", he declared.
Operation Narco Flux
Operation Narco Fluxo originated from the analysis of files stored in Apple's iCloud . The data belongs to accountant Rodrigo de Paula Morgado. This material was obtained during Operation Narco Bet, which was derived from Operation Narco Vela. Both were launched in 2025.
According to the Federal Police, more than 200 federal police officers participated in the operation, seeking to execute 45 search and seizure warrants and 39 temporary arrest warrants issued by the 5th Federal Court of Santos. Six people remain at large.
According to the Federal Police, the operation took place in the following states: São Paulo, Rio de Janeiro, Pernambuco, Espírito Santo, Maranhão, Santa Catarina, Paraná, Goiás, and the Federal District.
In addition to weapons, luxury cars, and cash, the corporation seized documents and electronic equipment that will aid in the investigation. Asset seizure measures were also ordered, including the sequestration of assets and the imposition of corporate restrictions, with the aim of halting illicit activities and preserving assets for eventual restitution.
The investigations continue, and the targets may face charges of criminal association, money laundering, and tax evasion. The investigation into the money laundering scheme will continue even with the release of those detained. There is no information on when the suspects will actually be released. Details regarding any precautionary measures that may be imposed on those granted habeas corpus have also not been disclosed.
