The 1st Criminal Chamber of the Court of Justice of Rio de Janeiro maintained the preventive detention of one of the accused of the murder of Congolese Moïse Kabagambe.
The crime took place on January 24 of this year, when the foreigner was beaten to death at a kiosk on the beach in Barra da Tijuca.
The defense of the defendant Brendon Alexander Luz da Silva had requested a habeas corpus, with the argument of an alleged illegal constraint imposed by the 1st Criminal Court of the District of the Capital. However, the judges of the Court of Justice denied the thesis.
Rapporteur Denise Vaccari Machado Paes pointed out that there is “no illegality in the prison decree, being duly motivated by the guarantee of public order, criminal instruction and also the application of criminal law.”
“The requirement provided for in article 313, item I, of the Code of Criminal Procedure is fulfilled, since the criminal type imputed to the defendant, has a maximum sentence of more than four years, with the precautionary segregation based on the requirements of article 312 of the Code of Criminal Procedure, not being sufficient, in this specific case, the application of a different precautionary measure (Article 319 of the Repressive Statute)”, points out the magistrate.
Brendon Alexander Luz da Silva and the other two accused of the crime, Fábio Pirineus da Silva and Aleson Cristiano de Oliveira Fonseca, have been arrested since February of this year.
According to the complaint filed by the Rio de Janeiro Public Ministry, the three knocked down, tied and beat Moïse Kabagambe in a kiosk where the foreigner had previously worked as a freelancer.
The accused were charged with triple murder. THE CNN failed to contact Brendon Alexander Luz da Silva’s defense.
Source: CNN Brasil
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