Gilmar Mendes votes to keep Monique Medeiros in prison

The second panel of the STF is judging, during this week, a request for release made by Monique Medeiros, arrested for the death of 4-year-old boy Henry Borel. The crime took place on March 8, 2021. The trial of this appeal takes place in a virtual session, which is scheduled to end next Monday (6).

The score is 1 x 0, due to the denial of the appeal, that is, the maintenance of preventive detention. Minister Gilmar Mendes, even though he decided monocratically for Monique's arrest last year, is the case's rapporteur and gave the first vote last Friday (26).

The ministers still have to vote: Dias Toffoli, Edson Fachin, Nunes Marques and André Mendonça.

In his vote, Gilmar also recommended the speedy trial of the criminal action at the Rio de Janeiro Court of Justice (TJRJ), where the defendant will go through a popular jury.

In a statement, the TJRJ stated that it does not comment on decisions from higher courts and said that Monique's trial has not yet been scheduled.

Monique acted alongside her boyfriend at the time, former councilor and former doctor Jairo de Souza Santos Junior, known as Dr. Jairinho.

Arrest history

In November 2022, judge Elizabeth Machado Louro, from the 2nd Jury Court, determined that Monique and Jairinho will go to the popular jury. Both remain detained in units in the Gericinó Complex, in Bangu, in the West Zone of Rio.

Monique was released in August 2022, but in July 2023 the STF ordered her to return to prison.

Previously, she was held at the Santo Expedito Penal Institute, also in Bangu, where she was allegedly being threatened by other inmates.

Due to the threats, the defense asked for house arrest until the trial.

Remember the case

The boy Henry Borel, aged 4, died in March 2021. The autopsy report from the Medical-Legal Institute indicated that the child suffered 23 injuries to his body and the cause of death was “internal bleeding and liver laceration”.

He had hemorrhagic injuries to his head, injuries to his nose, bruises on his wrist and abdomen, bruises on his kidney and lungs, as well as internal bleeding and a ruptured liver.

Monique is accused of triple homicide, torture, procedural fraud and coercion during the process. She was also charged with the crime of ideological falsehood.

According to the MPRJ, she made a false statement at the hospital where they took the child, who arrived there already dead. “By seeking care for his son, he aimed to mask the attacks suffered by him, avoiding criminal liability for his partner”, recorded the complaint.