On Monday (27), the Federal Public Ministry (MPF) defended that Ronnie Lessa, a former military policeman accused of killing councilwoman Marielle Franco and driver Anderson Gomes, on March 14, 2018, be taken to a popular jury.
The opinion, which was sent to the Federal Supreme Court (STF), argues that Lessa is responsible for “qualified homicide for clumsy motive, by ambush, using a means that made it difficult to defend the victim and to ensure impunity for the crime”.
On June 14, Justice Rosa Weber of the STF rejected a habeas corpus (HC) requested by the defense and maintained that the accused be taken to a popular jury.
Now, the opinion of the MPF, signed by the deputy attorney general of the Republic Cláudia Marques, must maintain the minister’s monocratic decision.
The justification is that the defense’s request “does not meet the admissibility requirements and goes against the jurisprudence of the Supreme Court”.
In the opinion, the Deputy Attorney General also argues that there is no news of disrespect for the defendant’s constitutional guarantees, as alleged by the defense, and that there is evidence that showed that the crime was committed for a nefarious motive, by means of ambush, using a means that made it difficult the defense of the victim and to ensure impunity for the crime.
Cláudia Marques contests the defense’s thesis that the indictment decision should be revoked, “specifically in the part in which it accepted the so-called qualifying circumstances — circumstances that, due to the disapproval of the conduct, justify more rigorous criminal treatment”.
Lessa’s defense request is for it to be considered only an ambush qualifier, excluding the others.
The MPF representative, however, argues that the Rio de Janeiro Court of Justice (TJRJ) has already analyzed this request and dismissed the defendants’ appeals, fully maintaining the indictment.
“A judgment of certainty as to authorship and culpability is not required based on the assessment of the criminal investigation, as this is the responsibility of the Popular Jury, under penalty of nullity for invasion of its competence”, defends Cláudia Marques.
In May, the justices of the Sixth Panel of the Superior Court of Justice (STJ) also unanimously denied the appeal presented by Ronnie Lessa’s defense and maintained their trial in the jury court for the murder.
Lessa was denounced by the Public Prosecutor’s Office for qualified intentional homicide. Former police officer Élcio Vieira de Queiroz also responds to the accusations.
The MP also denounces both for the attempted assassination of advisor Fernanda Chaves, who was in the car next to the councilor at the time of the shooting, but managed to escape because she was involuntarily protected by Marielle’s body.
*With information from Gabriela Coelho, Isabelle Resende and Renata Souza, from CNN
Source: CNN Brasil
