Unanimously, the Court denies habeas corpus presented by the defense of businessman Fernando Sastre, arrested since Monday (May 6)
The 5th Panel of the STJ (Superior Court of Justice) maintained the arrest of Fernando Sastre de Andrade Filho, the driver of the Porsche that caused the death of app driver Ornaldo da Silva Viana on March 31. The businessman is 24 years old.
Unanimously, the ministers followed the understanding of the rapporteur, minister Daniela Teixeira, who denied the request for habeas corpus presented by Sastre’s defense. According to her, there is no illegality in the decision of judge João Augusto Garcia, from the TJ-SP (São Paulo Court of Justice), who ordered the businessman’s preventive detention.
The minister said that the decision of the São Paulo Court was not due to “popular outcry”, as maintained by the defense, but rather to guarantee the investigation phase in the process. Teixeira indicated that there is seriousness in the actions of the Porsche driver after the accident and the decision of the 1st Instance that left him free.
“The accident itself is tragic, out of the question for everyone. One person died and another was seriously injured, but what leads to arrest is not the fact, the homicide or the death. Traffic accidents happen every day in all Brazilian capitals. What leads to arrest is the defendant’s attitude after the accident, the seriousness of his conduct after the accident, what he did after crashing the car and what he did to prevent it from being discovered what he did before crashing the car. car”he stated during his vote.
“It is these attitudes that are completely reprehensible by our criminal procedural system that lead to the segregation of the patient and lead me to maintain the judge’s decision”he said.
The STJ minister also ordered that Fernando Sastre de Andrade Filho be imprisoned at the Doutor José Augusto César Salgado Penitentiary (Tremembé), in SP, to guarantee his physical integrity, as requested by the businessman’s defense during the hearing.
The preliminary decision that determined Fernando’s arrest was handed down on May 3 and has not yet been analyzed by the responsible panel at TJ-SP. For Judge João Augusto Garcia, the precautionary measures decreed by the 1st Instance, such as the prohibition on being absent from the District, are not enough. Here is the full text (PDF – 252 kB).
In the same decision, the judge ordered the suspension of the precautionary measures imposed on the businessman and set a bond of R$500,000.
UNDERSTAND THE CASE
The accident occurred on March 31, on Avenida Salim Farah Maluf, in the east zone of São Paulo. According to investigations, the car was speeding before hitting Ornaldo’s vehicle, at almost 115 km per hour. Moments before the collision, the speed was 156.4 km/h.
The driver of the Porsche was charged with the crimes of qualified intentional homicide, with a prison sentence that can vary between 12 and 30 years, in addition to very serious bodily injury, which can increase the total sentence by up to 1/6.
