STJ determines that State Court will judge Marília Mendonça accident

Minister Antonio Saldanha Palheiro, of the Superior Court of Justice (STJ), determined the competence of the state justice of Minas Gerais to analyze possible responsibilities for the air accident that, in November of last year, caused the death of singer Marília Mendonça and other passengers. and crew. The plane crashed in the municipality of Caratinga (MG).

In the decision, the rapporteur considered, based on the information gathered by the investigations so far, that there are no elements capable of justifying the competence of the Federal Court, such as a crime committed on board the aircraft or an offense to goods, services or interests of the Unity.

Initially, the case was presented to the Federal Court in Minas Gerais, which declared itself incompetent for not verifying the hypothesis of a federal crime or the presence of Union interest in the case.

The case, then, went to the State Court, which also declared itself incompetent, on the grounds that the competence would cease to belong to the Federal Court only if an eventual crime committed on board the aircraft was completely ruled out –even if it was culpable–, a situation that only could be confirmed at the end of the investigations.

The minister said that the information gathered in the investigation removes the competence of the Federal Court to judge crimes committed on board aircraft.

“The data contained in the records indicate that none of the occupants of the plane – including the pilot and co-pilot – used substances that could alter their cognitive and psychological capacities, nor was there any object or instrument on the aircraft that could indicate the intention of committing a crime on board. “, he said.

According to the minister, during the police investigation phase, jurisdiction is established by virtue of the evidence collected until the incident was initiated, “but it is possible that, in the course of investigations, new elements emerge that indicate the need to change jurisdiction”.

Singer Marília Mendonça died, aged 26, in a plane crash on November 5, in Piedade de Caratinga, in the Rio Doce Valley, in western Minas Gerais. The artist traveled to fulfill her concert schedule.

Source: CNN Brasil

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