The Public Ministry of São Paulo (MP-SP) filed an appeal against the decision that benefited Alexandre Nardoni with the progression of his sentence to the open regime. In a document signed by prosecutor Thomás Oliver Lamster, the body calls for the “immediate return of Alexandre Nardoni to the semi-open regime”.
For the MP-SP, Nardoni, whose sentence is scheduled to end only on October 31, 2035, would have remained in an intermediate regime for only five years and that the progression of the sentence would be disproportionate in relation to the conviction.
“What the aggravated person now wants, in truth, is to return to live in society, serving more than 11 (eleven) years of his sentence after the brutal and cowardly crime committed, in freedom — and, to this day, there is no demonstration of a shred of regret for the person now aggravated by the crime committed!”, says an excerpt from the document.
There is still no scheduled date for the appeal presented by the MP-SP to be analyzed. Therefore, the precautionary measure requests that the decision granting the sentence progression be suspended until the merits are judged.
Lawyer Roberto Podval, who represents Nardoni in the case, claims that the appeal is irrelevant and that he believes the court will maintain its position.
Heinous crime
The prosecution considers that Alexandre Nardoni “committed a heinous barbaric crime by killing his 5-year-old daughter, having demonstrated emotional coldness, marked insensitivity, a manifestly concealed character and a lack of repentance”.
The document also cites psychiatric indication that the defendant has “latent impulsivity”, in addition to exhibiting elements of a personality disorder. In the appeal, the MP-SP asks that Nardoni be subjected to the Rorschach test and an in-depth and conclusive psychiatric examination.
Nardoni's defense claims that it was not against the criminal examination and that as the result was not what the prosecution expected, they decided to appeal.
“First they asked for a criminal examination and the defense was not against it. After the result comes positive, they resort in a crazy way. All without legal or logical basis,” she said.
Previous manifestation
This is not the first time that the Public Ministry has expressed its opposition to the progression of Alexandre Nardoni's sentence. Before the benefit was granted, the agency had claimed that the prisoner did not meet the subjective requirements for progression.
In response to the MP-SP's previous demand, the criminal execution judge, José Loureiro Sobrinho, maintained the sentence progression decision, arguing that Nardoni maintains good prison conduct, served more than half of his sentence, among other requirements.
The judge also pointed out that the convict is taking advantage of temporary releases, returning normally to prison and that there is no record of disciplinary offenses during the sentence, thus fulfilling the objective and subjective requirements required by Law to obtain the benefit.
Source: CNN Brasil
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