The entrepreneur Fernando Sastre de Andrade Filho, who was driving the Porsche and caused the death of app driver Ornaldo da Silva Viana, last month, in São Paulo, was arrested this Monday (6). The 24-year-old man handed himself in at the 5th Sectional, East Zone of São Paulo.
Sastre will go to the Legal Medical Institute (IML) to undergo a criminal examination and spend the night detained in the 31st Police District. The Superior Court of Justice (STJ) will probably issue its decision this Tuesday (7) regarding the request for habeas corpus in favor of the driver.
With the warrant in hand, a team from the 30th Police District, in Tatuapé, had gone to Sastre’s address in Vila Regente Feijó, in the east zone of São Paulo, to comply with the Court’s decision on Saturday afternoon. As he was not found, he was considered a fugitive.
The decision to arrest the defendant was made by the judge João Augusto Garcia. For the magistrate, precautionary measures decreed by the first instance against the accused – such as prohibiting him from leaving the district, not approaching the victims’ family members and keeping personal data updated – were not sufficient for the case.
“The active effect must be attributed, in order to, consequently, decree the preventive measure, taking care of public order, also aiming to avoid the repetition of the crime and guarantee regular criminal investigation“, decided the judge.
Arrest request
Earlier, the São Paulo Public Ministry (MPSP) had filed an appeal in which it once again requested the arrest of the Porsche driver, which was rejected twice by the courts. The public prosecutor, Monique Rattonfiled an unnamed precautionary measure asking the Court to accept the appeal filed against the decision that rejected Fernando Sastre’s preventive detention.
For her, in addition to the case meeting the requirements for preventive detention, “there is, on the part of the accused, an act of influence on the witness’ testimony, verified after the recordings of the police images were made available.”
The prosecutor charged Sastre on April 29 with qualified intentional homicide (penalty of 12 to 30 years in prison) and very serious bodily injury (which can increase the total sentence by one-sixth), both in the form of possible intent.
The accident occurred on March 31st of this year, on Avenida Salim Farah Maluf, in the east zone of São Paulo. According to investigations, Sastre’s car was speeding before crashing into Ornaldo’s Renault Sandero.
***Text written with information from Agência Brasil
