Questão jurídica principal
Whether the appellate court president had competence to order preventive detention after the appeal judgment
Decisão extraída
Yes. The appellate court's direction of proceedings could still order preventive detention under Art. 232 CPP during the appeal period; the TMC had no competence at that stage.
Fundamentação extraída
Once the appellate court is seized, the CPP assigns detention powers to the appellate direction of proceedings. If the first-instance detention title has expired and the appellate judgment omits detention, the appellate direction may still act within the appeal framework; the legislator excluded the TMC.