THE Superior Court of Justice annulled the evidence that condemned the doctor Virginia Soares de Souza, accused of anticipating the death of patients in a ICU of Curitiba . The court declared the nullity of the search and seizure of medical records that substantiated the accusation against a doctor, considering the generic warrant and without precise delimitation of the facts.
THE STJ however, decided to maintain criminal actions against the doctor. The vote tied in the board resulted in the application of the principle In Dubio Pro Reo – When in doubt, the decision must be in favor of the defendant – The vote of Minister Joel Ilan Paciornik prevailing. Despite recognizing NULLITY OF PROOF the minister argued against the widespread locking of the actions, considering the excessive measure. THE Revaluation of the cause In each process it is necessary, according to the minister, since other elements can justify the continuity of actions.
The decision makes evidence is considered null and withdrawn from the processes. Competent judgments should then reassess the existence of just cause for the continuity of each criminal action.
Minister Paciornik stressed that the probative frailty of a process does not imply the same fragility in the others, justifying the individual analysis of each case. The doctor responds to more than 80 investigations and criminal actions for Qualified Silent Homicide related to deaths that occurred in the ICU of the Evangelical Hospital of Curitiba between 2006 and 2013.
Remember Case
Virginia Soares de Souza, a former chief of the ICU of the former Evangelical Hospital of Curitiba, was accused in dozens of criminal actions because she allegedly anticipated the death of patients between 2011 and 2013.
The investigation began from the seizure of 1,670 medical records, where it would show that the doctor managed sedatives and excessive analgesics to release beds.
Although he was denounced for qualified homicide, the lack of evidence led to acquittal in 2023. Public Prosecution Service of Paraná (MP/PR) continued with investigations and has over 80 criminal actions against herbesides more than 100 inquiries still in progress.
“Probative fishing”
The defense of the doctor argued that the search and seizure of the 1,670 medical records configured a “probative fishing “, Violating fundamental principles of criminal proceedings.
The indiscriminate apprehension of medical records of patients who died in the ICU for seven years, according to the defense, compromised the reasonableness and proportionality of the investigation. In addition, the defense claimed violation of the principle of non bis in idemarguing that the acquittal of the doctor in one of the actions should prevent further accusations based on the same investigation.
Minister Joel Ilan Paciornik agreed with the defense, recognizing “probative fishing “ and the violation of due process. He stressed the unconstitutionality indiscriminate search for evidence without defined objective and without just cause .
Practice, according to the minister, reverses procedural logic, transforming research into an arbitrary mechanism. THE Federal Constitution according to Paciornik, seals this type of conduct.
THE STJ however, rejected the defense’s argument about the non bis in idem, legal principle that prohibits the punishment of a person more than once by the same fact.
Minister Paciornik explained that each accusation must be analyzed individually, based on its own evidence and foundations. The principle of contradictory, according to him, prevents the use of habeas corpus to block processes with different contexts. Acquittal in a process does not have the character of MATERIAL JUDGED THING And it does not bind the outcome of other actions, the minister concluded.
The determination of STJ is that the evidence considered null is unclogged and that the first instance judgments reassess just cause for the continuity of criminal actions.
This content was originally published in STJ nullifies evidence against a doctor accused of anticipating deaths; I remember case on the CNN Brazil website.
Source: CNN Brasil
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