On the night of Monday (28), former panicat Ana Paula Leme, 47, He was arrested by contempt after causing a riot in an Oxxo store in the Parque Taquaral neighborhood of Campinas (SP). According to the Military Police, she was altered and began to offend the police team when asked about her identity.
Ana Paula was taken to the 1st Police District of Campinas, where she signed a detailed term and was released. In a statement, former Panicat’s defense stated that she was visibly drunk at the time of the approach, but did not commit any criminal offense.
The defense also clarified that she was on foot and was not driving a motor vehicle, refuting suspicions raised during the incident.
Also according to the defense, the state of severe drunkenness compromised the client’s ability to discern, which, according to the jurisprudence of the Superior Court of Justice (STJ) and the São Paulo Court of Justice (TJSP), would remove the necessary intent to configure the crime of contempt.
See the note:
“Ana Paula Nogueira Vieira Leme’s defense is public to clarify the facts related to the episode that occurred on the premises of an Oxxo Network Mini Market. At the time, the client was visibly drunk, a fact that, by itself, does not configure any criminal type. The presence of the Military Police was fired by third parties that, mistakenly, assumed that she was driving a motor vehicle-which was not true, as it was standing.
It is clarified, in a categorical way, that there was no practice of criminal offense. The client, although exalted due to the ethyl state and approach, offered no physical resistance, nor was caught in a situation that legally justifies its detention. It is important to highlight that the client’s previous history – related to other episodes of drunk driving, already resolved in court – can not serve as a social stigma or justify disproportionate persecution or approaches, under penalty of serious violation of fundamental rights.
The defense remains attentive to the legality of the acts performed by the public agents involved and will take all appropriate measures, including legal, if any excess or abuse in conducting the occurrence is found. For now, we reaffirm confidence in the serenity of institutions and the commitment to the real truth of the facts. Once again Ana Paula’s defense points out that the client was visibly drunk at the time of approach, which compromises her ability to discern and proper reaction.
The case law of both the STJ and the São Paulo Court of Justice (TJSP) reaffirms that, in order to be necessary to characterize the crime of contempt, the accused must have full awareness and deliberate intention to oppose authority. However, the client’s severe drunken state directly affected his ability to intentionally act, which excludes the deceit and removes the configuration of these crimes.
In addition, the defense questions the inadequacy of the police approach, which, instead of preserving the client’s security, insists on confrontation, aggravating the situation. The police approach should always observe the principle of reasonableness and proportionality, especially in situations in which the agent approached does not have full ability to discern. Inadequacy in conducting the approach may misrepresent any resistance or contempt due to the absence of deceit and unnecessary provocation. ”
THE CNN He contacted the Oxxo mini -market network, which reported that he still investigates the case and will manifest as soon as he concludes the analysis of the situation.
Arrested for assaulting police
On July 20, 2024, Ana Paula Leme was arrested in the act by assaulting police in the region of Cambuí, Campinas (SP).
At the time, the São Paulo Public Security Bureau (SSP) reported that the model was in a convenience store of a gas station when she refused to pay the products she had consumed and offend the establishment’s employee.
Then the collaborator called the Military Police. Upon arriving at the scene, the agents identified that the suspect had signs of drunkenness. Ana Paula offended and assaulted the police, as well as resisting the arrest. She was arrested for resistance, threat, injury, drunk driving, contempt and other fraud, according to SSP.
Even after being contained and sent to the 1st DP of Campinas, she continued to offend the police team.
Ana Paula went through a custody hearing, being granted provisional release after paying bail of a minimum wage. In addition, other precautionary measures were imposed for the release, through judicial authorization:
- Prohibition of absent from the region that resides for more than eight days;
- Prohibition to change address;
- Prohibition of access and frequency to dubious reputation bars.
*Under supervision
This content was originally published in former Panicat is arrested again after turmoil with PMs in SP store on CNN Brazil.
Source: CNN Brasil
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