Minister Gilmar Mendes, of the Federal Supreme Court (STF), determined, this Wednesday (5), a new arrest for Monique Medeiros, accused of the death of her son, Henry Borel, in March 2021.
The minister analyzed an appeal from the child’s father’s lawyers, Leniel Borel, who acts as assistant to the prosecution in the case. The appeal was in relation to a decision by the Superior Court of Justice (STJ) that revoked Monique’s preventive detention in August 2022.
Monique is accused, along with her then-boyfriend, former Rio de Janeiro councilor Jairo Souza Santos Júnior, Dr. Jairinho.
The boy died after being taken unconscious to the hospital by the two. The suspect is that the child was assaulted by Jairinho. However, he and Monique deny that there was any assault on Henry. In both versions, the boy was injured when he fell from the bed where he was sleeping.
Gilmar Mendes found that the understanding of the STJ, to revoke the preventive detention of Monique Medeiros, is far from the reality of the records and contradicts the dominant jurisprudence of the STF, which explains the new arrest order.
The minister also recalled in his vote that Monique is accused of “tolerating the suffering and torture of her son.” For this reason she collaborated “effectively for the consummation of the crime of homicide, since, being aware of the aggressions that the minor suffered from the stepfather and being present at the place and day of the facts”.
The minister also explains that it is not possible to form any definitive value judgment on the authorship of the crime, since the case is going to a popular jury. However, preventive detention had been decreed based on the seriousness of the incident.
On July 27, the Justice of Rio de Janeiro denied the request for freedom made by Jairinho’s defense, and included more crimes in the process that he and Monique answer for the murder of her son.
With the decision, the determination was maintained for the two accused to be tried by popular jury.
Source: CNN Brasil
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