The Sixth Class of the Superior Court of Justice (STJ) denied, this Tuesday (26), the request for habeas corpus by former federal deputy Flordelis dos Santos de Souza. The decision was unanimous and the preventive detention will be maintained.
The Deputy Attorney General of the Republic, José Adonis, said during the session that Flordelis acted underhandedly, in the way he covered up the facts about the murder. According to him, she ordered her own family members to execute her husband. In addition, he recalled that the defendant presented herself as a religious leader, federal deputy, generous and adoptive mother of a large number of children.
The rapporteur of the case at the STJ, Minister Antônio Saldanha Palheiro, claims that the former federal deputy had influence over the other defendants and used false documents, which jeopardizes the investigations.
“The appellant was pronounced for leading the criminal association whose members, for the most part, are her family members. Being imputed to the group, the practice of serious crimes of consummated and attempted qualified homicide, in addition to being attributed to the use of ideologically false documents in a police investigation”
According to the former deputy’s defense, the case gained media attention and, as a result, federal laws and constitutional principles would have been violated.
“We are 13 days away from the popular jury. The defense did not have access to even 10% of all electronic seizures in the case. The seizures were used by the Public Ministry to accuse. The excuses are numerous, but there are hundreds of gigabytes of important documents that only the police and prosecutors have had access to. And yet, even if the jury happens. The fact is that this process is riddled with serious, incurable vices that directly harm the patient’s defense”, emphasizes lawyer Rodrigo Faucz.
He also added that the defense asked only that “a proper, fair procedure be guaranteed, with parity of arms and with respect to procedural regulations.”
The lawyer also considered that Flordelis is prohibited from seeing family members, which, according to him, would violate human rights.
“Finally, also the object of this appeal in habeas corpus, the fact that the patient is prohibited from having counted, even in prison, with her family members who are accused and witnesses. There is no legal provision in this sense of prohibition. This ban on having access to family members is inhumane. It violates not only the constitution but numerous international human rights treaties,” she says.
Then, before the final decision, the deputy attorney general of the Republic defended the continuation of the preventive detention of the former federal deputy. In response to the defense, Adonis states that it is not possible to contact family members in this specific case, as nine of the co-defendants are relatives.
“I answer that it does not seem to me that any circumstance has been precisely pointed out that authorizes the granting of the claim formulated in the appeal in relation to the alleged curtailment of defense. Regarding the prohibition of contact with other defendants, the decision of the first instance of justice in Rio de Janeiro would be questionable, at this point, if it were not for the circumstances of this specific case. As he pointed out, nine of the co-defendants belong to the same family group”, he explains.
Ministers Olindo Menezes, Laurita Vez, Sebastião Reis and Rogério Schietti also participated in the Session.
Flordelis’ Trial
The Court of Justice scheduled the popular jury of the impeached federal deputy for May 9. The former parliamentarian, arrested since August last year, will be tried with three more defendants: biological daughter Simone dos Santos Rodrigues, granddaughter Rayane dos Santos Oliveira and affective daughter Marzy Teixeira da Silva. Flordelis is accused of being the mastermind and mastermind of Anderson’s murder.
On April 13, the Rio de Janeiro Jury Court sentenced four people involved in the murder of Pastor Anderson do Carmo, husband of former federal deputy Flordelis. Adriano dos Santos Rodrigues, Flordelis’ biological son, was sentenced to four years and six months in prison for misrepresentation.
Carlos Ubiraci da Silva, Flordelis’ affective son, was acquitted of the charge of triple qualified homicide, but convicted of criminal association with a sentence of two years and two months in semi-open.
Former PM Marcos Siqueira Costa was sentenced to five years and 20 days in prison for criminal association and use of a false document, as was his wife, Andrea Santos. She got four years and three months plus a fine. Because he had no priors, his sentence was less.
André Luiz de Oliveira, Flordelis’ affective son, was not tried at this stage at the request of his lawyer, who had a health problem. It has not yet been decided when his trial will take place.
remember the case
Pastor Anderson do Carmo, 42, was shot dead in the early hours of June 16, 2019, in the garage of the house where he lived with his family in Pendotiba, in the city of Niterói, in the metropolitan region of Rio.
Flordelis and 10 other people were denounced by the Public Ministry (MP) for the murder, in 2019, of Anderson do Carmo de Souza, then husband of the parliamentarian. At the time, Flordelis did not have his arrest requested because of parliamentary immunity.
When her mandate was revoked, Flordelis was arrested.
According to the MP, of the pastor’s 55 biological and adopted children, seven were involved in the crime, in addition to a granddaughter and two other people. In the document, the MP also mentions that, on several occasions, Flordelis tried to manipulate witnesses in the process that investigates the death of Anderson do Carmo.
*Çwith information from Beatriz Puente and under the supervision of Helena Vieira
Source: CNN Brasil
