THE Court of Justice of São Paulo (TJSP) analyzes in this Thursday (13) the seventh request for provisional freedom Fernando Sastre Filho, owner of Porsche involved in a fatal accident in the east of São Paulo . The case occurred in March 2024.
THE CNN He had access to the decision, this Wednesday (12), which determined the trial for the new request for freedom.
Sastre has been arrested since May at the Tremembé Penitentiary, in the interior of São Paulo, and responds for homicide qualified for “common danger” with eventual intent and severe bodily injury . THE Defense formulated a Request for Provisional Freedomwith or without precautionary measures, justifying the provisional release .
THE Federal Supreme Court denied the request for freedom of defense of 24 -year -old Fernando Sastre Filho and upheld the Porsche driver arrested preventively until the trial . The decision is by Minister Gilmar Mendes, and was signed in late January this year.
What will be judged this Thursday?
The judgment of the appeal in the strict sense, scheduled for this Thursday, will analyze the merits of the Sastre defense appeal, which seeks to suspend the original judgment for new investigations.
The defense intended to investigate a possible mechanical failure on the wheels of the Porsche vehicle involved in the accident and the influence of the use of a seat belt by the victims, Marcus (survivor) and Orlando (victim). However, this request for due diligence was denied by the rapporteur, João Augusto Garcia, for preclusion (end of the legal deadline).
With the rejection of the due diligence, the trial will continue in the plan. The focus will now be in the analysis of the appeal itself, considering the arguments and evidence already presented by the parties involved. The rapporteur stressed the importance of following the legal process and that it is not up to new due diligence to perform new diligences.
In addition to the analysis of the appeal, the trial will also decide on the request for provisional freedom submitted by the defense of the accused. The maintenance or revocation of custody will be one of the crucial points to be deliberated, as highlighted by the rapporteur João Augusto Garcia.
Defense questions expert report and points out possible mechanical failure
THE defense questions the validity and accuracy of the expert report of the accident, pointing out a possible mechanical failure node Porsche .
The lawyers decided to convert the trial into due diligence to investigate a eventual failure to fix the wheels of the Porsche vehicle.
The defense also mentions a Porsche Brazil recall which describes an “possible incorrect gag of the wheels that use the centralized closure, which may cause the locking nut to break the risk of accidents and injury, or, in cases extreme consumer death.”
THE Case Rapporteur denied the request saying that this production of the evidence should have occurred during the instruction or by means of a prior request to clarify the experts.
In addition, according to the rapporteur, the expert analysis found that the wheels remained in the vehicle even after the strong impact.
The rapporteur cites article 406, § 3, and 411, § 1, of the CPP, which deal with the appropriate time for the submission of allegations and evidence for the defense and for the clarifications of the experts, respectively.
THE CNN Try to contact Fernando Sastre’s defense for a position on the case. The space is still open.
Remember the case
At dawn on March 31, 2024, a driver of Porsche 911 hit the back of a Renault Sandero on Avenida Salim Farah Maluf, in the Tatuapé neighborhood, east of São Paulo . According to the São Paulo State Public Security Bureau (SSP-SP), Sandero driver Ornaldo da Silva Viana, 52, was rescued and taken to Tatuapé Hospital, but could not resist the injuries and died.
Remember fatal accident that killed a man in the east of São Paulo
According to witness reports, the Porsche was at high speed, above the limit allowed on the road, of 50 km/h. In addition, witnesses who were in another vehicle, a HB20, said Porsche performed a high -speed overtaking before colliding with Sandero.
This content was originally published in case Porsche Azul: Justice analyzes seventh request for driver freedom on the CNN Brazil website.
Source: CNN Brasil
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