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Rafael Luz/STJ HC rapporteur, minister Laurita Vaz highlighted that the threat "must have the potential to materialize, from the perspective of science and the average man, a situation also not demonstrated in this case". The judge considered null, "because they were based on an atypical fact (threat)", the initiation of the police investigation, the precautionary measures determined and the criminal action, in which the crime of article 241-B of Law 8,069/1990 (Statute Children and Adolescents). A delegate is one of the victims of the supposed threat, which would depend on forces from beyond to be consummated. It was he who asked the Judiciary for a search and seizure warrant for the residence of the person under investigation. Municipal Health Secretary of São Simão (GO), the accused also had, with judicial authorization, broken the confidentiality of the data stored on her cell phone. Photographs of a teenager in pornographic scenes (an offense covered by the ECA rule) and those allegedly threatened were taken from the device.
The search carried out at the defendant's house also resulted in the seizure of several objects to be used in the witchcraft ritual, such as wax heads, small coffins and a voodoo doll. These materials would have cost R$5,000 — the amount given by the accused to the woman hired for spiritual work. In addition to the police chief, victims of the alleged threats include a prosecutor, the president of the São Simão City Council, an investig Special Phone Number Data ative journalist and three other people known in the city. In the decision that received the complaint against the municipal secretary, the first degree court suspended the exercise of the public position held by the defendant. The secretary's defense filed Habeas Corpus at the Goiás Court of Justice, which found no illegality in the precautionary measures granted, in the police investigation and in the criminal action. For the collegiate, "the existence of a fact with a criminal nature involving the patient's alleged action in illegal constraint against various authorities exposes just cause".
MPF Opinion Deputy Attorney General of the Republic Ana Borges Coelho Santos opined for the granting of Habeas Corpus filed with the STJ to decree the nullity of the police investigation and criminal action, in addition to revoking the suspension of the exercise of public functions. The representative of the Federal Public Ministry also suggested sending a letter to the Internal Affairs Departments of the Civil Police and the Public Ministry of Goiás to investigate possible disciplinary infractions by members of these institutions. "The case causes perplexity, as the factual and legal circumstances existing at the time, if analyzed with the necessary coolness and balance, would not allow the opening of a police investigation, nor perhaps the serious measures of home search and seizure, breach of telephone secrecy and suspension exercise of public functions", explained Ana Borges. According to the deputy attorney general, however reprehensible the accused's attitude may have been from a moral point of view, the conduct described is irrelevant in the criminal sphere.
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發表於 17:05:14