The Attorney General’s Office (PGR) spoke out against an appeal in which the defense of Ronnie Lessa, accused of murdering councilwoman Marielle Franco and driver Anderson Gomes, asks that he not be taken to a popular jury.
In the demonstration, the Deputy Attorney General of the Republic, Cláudia Sampaio Marques, states that there is no news of disrespect for the defendant’s constitutional guarantees, as alleged by the lawyers, and that there is evidence that showed that the crime was committed for a clumsy motive, through an ambush, with use of means that made it difficult for the victim to defend themselves and to ensure impunity for the crime.
On the 14th, Justice Rosa Weber of the Federal Supreme Court rejected a habeas corpus (HC) requested by the defense and maintained a decision that sends Ronnie Lessa to a popular jury.
The defense then appealed the decision. And the minister then asked for a position from the PGR.
The crime was committed four years ago, on March 14, 2018. Lessa, who is a retired sergeant of the Military Police of Rio de Janeiro, was arrested a year after the action, in March 2019. By determination of the Rio de Janeiro Court of Justice de Janeiro, he and former military police officer Élcio Vieira de Queiroz, also accused of the murders, will go to popular jury. The trial date has not yet been set.
The indictment, determining the trial of the accused by the jury court, considered three qualifiers of the Penal Code for the case: “a dishonest reason”, “another means that made it difficult to defend the victim” and “to ensure impunity for another crime”. .
The Superior Court of Justice (STJ) had unanimously denied, in May, the appeal requested by the defense. In order to apply for the HC to the Supreme Court, Lessa’s lawyers alleged “invalidity of the reasoning of the indictment decision in relation to the qualifiers” and the absence of the reason for the crime in the records.
In his decision, Weber argued that the jurisprudence of the Supreme Court considers it unfeasible to use the HC as a substitute for an appeal or to question the assumptions of admissibility of the request to the STJ, as is the case in the case file.
“There is no illegality to be recognized in the appealed decision, which correctly decided the issue, and there is no basis for its reform”, said the PGR.
Source: CNN Brasil
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