Justice denies freedom request to suspects of murdering couple in dispute over land in Roraima | Roraima

The court denied a request for habeas corpus — guarantee of freedom — made by the defense of Genivaldo Lopes Viana, aged 53, and Luiz Lucas Raposo da Silva, aged 35, arrested on suspicion of participating in the murder of farming couple Flávia Guilarducci, 50, and Jânio Bonfim, 57, in Cantá, in the interior of Roraima. So, they remain in prison.

The decision was made by the judge of the Court of Justice of Roraima (TJRR), Ricardo de Aguiar Oliveira, and was signed last Thursday (2).

Genivaldo Lopes and Luiz Lucas Raposo were arrested on April 24, one day after the shooting attack on the couple. The crime occurred on a Tuesday, April 23, in the Surrão neighborhood, on the couple’s property, at around 10 am.

An investigation by the Civil Police indicates that at least five people, including a Military Police captain, were involved in the crime. The suspicion is that he was motivated by a land dispute (understand below).

In the request for freedom, their defense alleged “illegal constraint” on the part of the judge of the Judicial Duty and Custody Hearing Center (Nupac) and the judge of the 1st Court of the Jury, due to the suspects being in pre-trial detention. since April 25th.

However, in the decision the judge argued, among other things, that the decision that converted the arrest in flagrante delicto into preventative “satisfactorily demonstrates the need for the extreme measure, according to the reasons presented, orally, at the custody hearing”.

“Fourth, because, ‘Although the most recent case law [do Superior Tribunal de Justiça] has been aligned in the sense that any photographic and/or personal recognition carried out at inquisitorial headquarters is out of step with the dictates of art. 226 of the CPP cannot be considered evidence capable, in itself, of engendering a conviction without the support of the rest of the evidence produced in the judicial phase, this does not imply that minimum evidence of authorship capable of authorizing precautionary detention cannot be considered (…)”, quotes an excerpt from the judge’s decision.

When contacted, the defense of those investigated reported that the court only denied the injunction and ordered a visit to the Attorney General’s Office (PGJ) for an opinion and then return to the case’s rapporteur for a vote and report.

After this, the defense must make “oral arguments and demonstrate that the imprisoned patients are innocent in a decision lacking adequate motivation and justification and without the requirements of Article 312 of the CPP and in violation of Article 315 of the CPP and Article 93. IX of the Federal Constitution”, he said.

The lawyer also highlighted that a Habeas Corpus Order to the Superior Court of Justice (STJ) is already being prepared, because they understand that the denial of the injunction “is a Teratological and unfounded decision and in disagreement” with Article 1 of the Constitution Federal.

His wife, Flávia Guilarducci was shot in the head and mouth, and died five days later, on Sunday (28), at the Roraima General Hospital (HGR), where she was admitted in serious condition in the Intensive Care Unit (ICU).

The suspicion of the Civil Police, which is investigating the case, is that they were murdered over a land dispute.

After the crime, Civil Police agents began investigations and found that a witness who helped the couple was also threatened by the four men the day before the crime.