The Court of Mato Grosso (TJMT) granted provisional release to Danielson Martins Paiva, arrested in January after assaulting the manager of a supermarket in Sinop with a shovel . The decision is by Judge Wesley Sanchez Lacerda of the first criminal chamber.
Danielson’s defense appealed in an attempt to reverse the prison. The argument is that the man is a primary defendant, has a good background, lawful occupation, fixed address, constituted family and the prosecutor has positioned himself in favor of replacing prison by precautionary measures
The magistrate pointed out in his analysis of the request that the pre -trial detention was decreed to ensure public order and the integrity of the victim, in view of the severity of the conduct.
“Thus, as it is observed in the parts carried in the case file, the severity of the conduct practiced, in theory, by the caught is revealed in view of the circumstances in which the action was developed, since he went to the establishment where the victim works, a large environmental environment, thus demonstrating a greater criminal boldness and evidencing his dangerousness and then towards the victim where he fade, of the victim, Inopino, a blow with the use of extreme violence, without the victim being able to defend himself, because he was on his back and speaking on the phone, revealing the brutality of behavior, which, at the evidence, puts the very guarantee of public order. In addition, the preventive arrest of the assessment is also necessary to safeguard the physical integrity of the victim, ”argued the judge.
In testimony, Danielson confessed that he acted moved by indignation, “in the face of repeated situations of bullying suffered by his wife, also an employee of that establishment, who would be systematically humiliated by the offended in a work environment.”
“It is also noteworthy that the patient has struck a single blow against the offended, a circumstance that, although legally relevant, does not translate-in summary cognition-high dangerous or accentuated social reprobability of conduct. Circumstances such as these characterize a punctual and reaction episode without traces of habituality or excessive violence,” said the magistrate.
Provisional freedom was granted through Danielson’s appearance in a singular court, within time and conditions established by the judge of the case, to inform and justify civil activities; It should not approach and maintain at least 500 meters away from the victim; cannot leave Sinop without prior judicial authorization; and must communicate to the judicial authority if it changes address.
This content was originally published in justice loose man who assaulted market manager in MT with a shovel on the CNN Brazil website.
Source: CNN Brasil
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