Post by anik4200 on Feb 18, 2024 13:49:01 GMT 2
The city of Rio de Janeiro, in 2022, the defendant faces charges for the crime of simple homicide (article 121 of the Penal Code) and for driving without due permission or license (article 309 of the Code of Brazilian Transit). Upon receiving the complaint, the judge maintained the preventive detention ordered against the defendant, as he considered that, at the time of the accident, allegedly taking the risk of causing someone's death, he was riding a motorcycle at high speed and without a driver's license, after having already been caught in a traffic stop driving a vehicle without a license plate without permission. In addition to assessing the seriousness of the facts as "high", the first-degree magistrate took into account the existence of another complaint against the defendant, for alleged crimes of embezzlement, and a record for rape, concluding that preventive detention would be necessary to preserve public order and prevent repeat crimes.
Less serious measures For minister Rogerio Schietti, however, "such reasons do not appear to be sufficient, in a judgment of proportionality, to keep the accused under the rigor of the most extreme personal caution". Rapporteur of the Habeas Corpus filed by the defense, the minister pointed out that the defendant is a first-time offender, has a good record and has been in pre-trial detention for eight months. Schie Special Phone Number Data tti noted that the police authority initially charged the accused with the crime of negligent bodily injury and, two days later, changed the classification to homicide, under the modality of possible intent. Despite recognizing the seriousness of the consequences of the fact — death of a teenager —, the minister highlighted that, given the circumstances of the case, there are other sufficient measures to protect the public interest and prevent the commission of a new crime, "under penalty of imprisonment precautionary measure loses its exceptional nature and becomes a mere punitive anticipation".
In his decision, the rapporteur highlighted that any failure to comply with the measures imposed could lead to the reinstatement of preventive detention. Possible intent Also according to the minister, the 6th Panel of the STJ has already granted Habeas Corpus to eliminate preventive detention in similar cases of traffic crime, replacing it with various precautionary measures. Regarding the hypothesis of possible intent, he explained that "the occurrence of crimes related to road traffic is abundant in which the authorities, both the police and the Public Prosecutor's Office or the Judiciary, classify the conduct as intentional without indicating a concrete situation that can, dogmatically, support the aforementioned legal framework of conduct". Even without going deeper into the analysis of the typification of the facts, which does not fit in HC, Schietti mentioned precedents in his report in which possible intent was ruled out because there was no demonstration of "peculiarities that go beyond the violation of the duty of objective care, inherent to the type guilty.
Less serious measures For minister Rogerio Schietti, however, "such reasons do not appear to be sufficient, in a judgment of proportionality, to keep the accused under the rigor of the most extreme personal caution". Rapporteur of the Habeas Corpus filed by the defense, the minister pointed out that the defendant is a first-time offender, has a good record and has been in pre-trial detention for eight months. Schie Special Phone Number Data tti noted that the police authority initially charged the accused with the crime of negligent bodily injury and, two days later, changed the classification to homicide, under the modality of possible intent. Despite recognizing the seriousness of the consequences of the fact — death of a teenager —, the minister highlighted that, given the circumstances of the case, there are other sufficient measures to protect the public interest and prevent the commission of a new crime, "under penalty of imprisonment precautionary measure loses its exceptional nature and becomes a mere punitive anticipation".
In his decision, the rapporteur highlighted that any failure to comply with the measures imposed could lead to the reinstatement of preventive detention. Possible intent Also according to the minister, the 6th Panel of the STJ has already granted Habeas Corpus to eliminate preventive detention in similar cases of traffic crime, replacing it with various precautionary measures. Regarding the hypothesis of possible intent, he explained that "the occurrence of crimes related to road traffic is abundant in which the authorities, both the police and the Public Prosecutor's Office or the Judiciary, classify the conduct as intentional without indicating a concrete situation that can, dogmatically, support the aforementioned legal framework of conduct". Even without going deeper into the analysis of the typification of the facts, which does not fit in HC, Schietti mentioned precedents in his report in which possible intent was ruled out because there was no demonstration of "peculiarities that go beyond the violation of the duty of objective care, inherent to the type guilty.