The Rio de Janeiro Court of Justice (TJ-RJ) denied the defense’s request and maintained the preventive detention of two accused of the murder of Congolese Moïse Kabagambe, who turned one year old on January 24 of this year.
According to Judge Alessandra da Rocha Lima Roidis, of the 1st Criminal Court, there were no changes in the investigations that would justify the release of the accused from preventive detention.
The judge’s decision was made against the accused Aleson Cristiano de Oliveira Fonseca and Fábio Pirineus da Silva, who are responsible for the crime, along with Brendon Alexander Luz da Silva.
“The accused would have perpetrated cowardly and totally unnecessary aggressions, embodied in several blows and kicks to the victim, who was completely immobilized, with no possibility of reacting, or even just defending himself. Therefore, in view of the factual situation that emerges, the arrest remains necessary to guarantee the local public order”, highlighted Alessandra Roidis in the sentence.
Aleson Cristiano Fonseca, Fábio Pirineus da Silva and Brendon Luz da Silva are serving preventive detention at the Joaquim Ferreira de Souza Penitentiary, in the Gericinó Complex, located in the west zone of Rio de Janeiro. Three people accused of failing to provide assistance are free.
The judge scheduled an instruction and trial hearing for next July 7, for testimonies by the witnesses listed by the Public Prosecutor’s Office.
On the 28th of the same month, the hearing of the defense witnesses will be held, who were not also summoned by the prosecution, as well as those who, eventually, were not heard on the 7th.
Moses
At the age of 24, Moïse Kabagambe came to Brazil as a political refugee in 2014, along with his mother and brothers and worked at a kiosk in Barra da Tijuca, west of the municipality, where he died on January 24, 2022, after suffering several attacks.
The family alleges racism and says Moïse was murdered for charging two days late pay.
According to a report by the Legal Medical Institute (IML), the cause of death was trauma to the chest, with pulmonary contusion, caused by blunt action.
After the repercussions of the case, the city of Rio ceded to the family of the Congolese man a kiosk in Parque Madureira, in the north of the city. In June 2022, State Law 9715 was enacted, which recognizes the date Moïse was killed as African Refugee Day.
Source: CNN Brasil
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