Unanimously, the Fifth Panel of the Superior Court of Justice (STJ) decided this Tuesday (7) to maintain the arrest of businessman Fernando Sastre de Andrade Filho, the Porsche driver who caused the death of app driver Ornaldo da Silva Viana in March 31st, in São Paulo.
Sastre was arrested yesterday (6) by the São Paulo Civil Police after judge João Augusto Garcia, from the São Paulo Court of Justice (TJSP), understood that the precautionary measures decreed by the first instance against the accused, such as a prohibition on being absent from district, not approaching the victims’ relatives and keeping personal data updated are not enough for the case.
Sastre underwent a custody hearing this afternoon to verify whether any illegality was committed in executing the arrest warrant. He must go to a penitentiary not yet informed by the Penitentiary Administration Secretariat (SAP).
The driver of the Porsche handed himself in to court yesterday afternoon at the 5th Eastern Sectional Police Station, in Tatuapé, and spent the night at the 31st DP, in Vila Carrão, after being on the run for three days, as on Friday (3) the The court ordered his arrest and he was not found by the Civil Police at his home on Saturday (4).
When denying a request for habeas corpus filed by the defense, the collegiate followed the vote given by minister Daniela Teixeira. For the minister, there are no illegalities in the judge’s decision, which ordered the arrest. “Preventive detention is not done because of popular outcry, it is done to guarantee criminal instruction,” she stated.
The understanding in favor of maintaining the prison was followed by ministers Messod Azulay Neto and Joel Paciornik.
The accident occurred on Avenida Salim Farah Maluf, in the east zone of São Paulo. According to investigations, the car was traveling at high speed before crashing into Ornaldo’s Renault Sandero.
Fernando Sastre was charged by the Public Ministry of São Paulo (MPSP) for qualified intentional homicide (sentence of 12 to 30 years in prison) and very serious bodily injury (which can increase the total sentence by one sixth).
Defense
During the trial, lawyer Eliseu Soares de Camargo defended the revocation of the arrest and said that the measure is not appropriate for the case. The defense also accused the press of “interfering” in the course of the process.
“The press placed him as the biggest villain in this country. On the day [em] the police went there [cumprir o mandado de prisão]he was at a farm, near São Paulo, to spend the weekend with his family, without violating any of the precautions”, stated the lawyer.
*Flávia Albuquerque collaborated
