The Military Police of São Paulo Dismissed soldier Paulo Rogério da Costa Coutinho, better known on social networks as “Daredevil” this Wednesday (14), after 19 years of service.
THE CNN He had access to the process that was processed in the Military Justice of the State of São Paulo, which received complaints for breach of mission against four soldiers of the Military Police. The decision in August 2023 sentenced two of the defendants, including the influencer policeman, but acquitted two others. The penalty imposed was open in open regime, with conditional suspension.
The police were accused of violating article 196 of the Military Penal Code. According to the complaint, on April 22, 2022, during the “Operation Carnival 2022” at the Anhembi Sambadrome, the defendants, cast for foot and revised people in gate 28, would have failed to perform their duties.
They failed to carry out the external policing of the sambadrome, omitting as to the function of ensuring the safety of people and revelers through the ostensible and preventive policing to which they were designated, failing to make the necessary magazines that were incumbent
Judgment – Military Justice of São Paulo
The agents were caught inside the “Brahma Camarote” from 01h19 to 03h02, without registration of occurrence or request for support on site. The prosecution pointed out that when they stayed in the cabin, they failed to perform the ostensible and preventive external policing and the magazines that fit them.
It was not up to the accused the policing inside the area restricted to the payers in the sambadrome, nor to perform personal search, as there was private security for that
Judgment – Military Justice of São Paulo
Defense allegations
The defense argued, among other points, that Article 196 of the CPM would be unconstitutional, that there was no crime and that the role of magazine at the entrance was of private security.
We do not see the lowest indication of unconstitutionality in the aforementioned legal provision
Judgment – Military Justice of São Paulo
The defense argued that the defendants had to use the toilet, were authorized by the administration of the event and a sergeant, and that it was procedure to go together for mutual security.
A central point of the defense of Paulo Rogério da Costa Coutinho was the fact that he is a “celebrity” and “influencer” on social networks, known as “Daredevil”. According to the defense, the public in the cabin approached him to take pictures and talk, delaying the return, and that this interaction would be part of community policing and socialization with the public, praising the corporation.
MERIT DECISION
THE Military Court of Justice pushed the preliminary unconstitutionality of article 196 of the CPM. Regarding the merit, he acknowledged that the defendants were surrendered to use the bathroom and were allowed to use the Brahma cabin toilet for being the nearest.
However, the Permanent Council of Justice considered that the time of stay in the box (more than an hour and forty minutes), under the pretext of using the toilet (which would reasonably take 5 to 10 minutes), demonstrated a conduct willfulindicating that they were committed to activities foreign to their missions.
This time that the accused remained out of their activities in the external policing of the event demonstrates a willfully intentional conduct
Judgment – Military Justice of São Paulo
The decision criticized the fact that the entire team moved to the toilet, despite the presence of private security at the site. The judgment stressed that the fulfillment of the duty and regularity of military service cannot be interrupted for private interests, even if they aim to praise the corporation.
The service and military duty cannot suffer continuity solution at any time because precisely at these times the community is even more vulnerable
Judgment – Military Justice of São Paulo
The 2023 conviction was the fuse for the beginning of the disciplinary process that made Paulo Rogério da Costa expelled from Military Police of São Paulo .
This content was originally published in Veja sentence that sentenced PM fired after being in a cabin at Carnival on the CNN Brazil website.
Source: CNN Brasil
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