SP court denies arrest of Porsche driver suspected of causing fatal accident

The São Paulo Court denied the request for the arrest of the businessman Fernando Sastre de Andrade Filho, 24 years old, who was driving the Porsche which triggered a fatal accident on Sunday, the 31st. He left the scene of the accident and had only reported himself to the police on the afternoon of this Monday, the 1st. The arrest request had been made by the Civil Police.

The São Paulo judiciary reported that it did not see sufficient elements to order temporary arrest. “The request for temporary detention on judicial duty was denied because the necessary requirements, provided for in Law 7,960/89, were not met,” said the Court.

The aforementioned law regulates the provisions for temporary arrests in the country, saying that the measure will apply in cases such as when it is “essential for the investigations of the police investigation” or “when the person indicated does not have a fixed residence or does not provide elements necessary to clarify his identity”, for example.

Although the case was initially registered as culpable homicide (without intent to kill), delegate Nelson Vinícius Alves, from the 30th DP, decided to indict Andrade Filho as the author of homicide with possible intentwhich is characterized when a person takes the risk of killing.

High speed is the aspect used by the delegate to characterize possible intent. The businessman was charged with bodily harm to his colleague who was in the passenger seat, in the luxury car and fleeing the scene of the accident, without providing assistance to the victims.

In a note signed by lawyers Carine Acardo Garcia and Merhy Daychoum, the defense considers what happened as a fatality, but claims that it is still premature to judge what caused the crash. “At this point, it is premature for us to judge the causes of the accident, as the expert reports carried out have not yet been completed,” he said in a statement. The lawyers spoke out after the businessman was presented to the police.

The businessman’s defense also denied that the client had fled the scene of the accident and stated that he was merely “protecting himself from lynching”.