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The entrepreneur André de Camargo Aranha was acquitted, in September of this year, of the crime of rape against Santa Catarina Mariana ferrer, 23 years. The incident took place during a party in 2018. According to the responsible prosecutor, the businessman had no way of knowing that the young woman could not consent to the act, so, the sentence says, André had no “intention” to rape. The judge accepted the argument that an “unlawful rape” was committed, which is not foreseen in the law as a crime. As there is no penalty for a crime that does not exist, the businessman was acquitted of the charge. The information was disclosed by the website The Intercept Brazil.
According to the report, the young woman was humiliated during the trial. Cláudio Gastão da Rosa Filho, the businessman’s lawyer, showed copies of sensual photographs taken by the young woman as a professional model before the act took place. The defense wanted to reinforce that the relationship was consensual, but the relationship between the images and the case was not questioned.
The lawyer considered that some photos were “gynecological”. He further said that he would “never have a daughter” of the “level” of Mariana. The Santa Catarina cried and he reprimanded her saying that “it is useless to come with your disguised, false cry and that crocodile speech.”
Mariana he asked the judge about the interrogation. “Your Honor, please respect me, not even the accused are treated like I am, for God’s sake, people. What is that?”.
Rudson Marcos, judge of the 3rd Criminal Court of Florianópolis, is seen making a single intervention in the video broadcast by The Intercept Brasil. He states that he will pause the session so the influencer can recover and drink water. Also, ask the lawyer to maintain a “good standard.”
The OAB of Santa Catarina stated that it had access to a copy of the judicial process and reported that it had served the lawyer Cláudio Gastão to clarify his conduct at the hearing on Mariana’s case.
The institution did not provide further details because the ethical disciplinary process is confidential and any information disclosed may result in the annulment of the procedure. When asked about his actions during questioning, Spending He said he would not comment on a secret justice case, “primarily to questions out of context that reveal bad faith and prejudice.”
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Remember the case
The entrepreneur André de Carmargo Aranha he was acquitted by justice of the rape charge Mariana ferrer inside Beach club Café da la Musique, in Florianópolis, in December 2018. Mariana He used his Instagram to report the case and his account was inactive. Judge Rudson Marcos dismissed the girl’s complaints as unfounded.
22 witnesses were heard, in addition to the Mariana me André. He said he had sexual contact with the young woman, but that the two were not in a consummate relationship. Six expert reports and a search and seizure of the defendant’s electronic equipment were also carried out. The conclusion of the investigations, which were carried out in secret, is that “there is no conclusive evidence in the case that corroborates the accusatory version.”
The case became public when Mariana shared the report on Instagram in May of last year. She released a video of the security circuit in which she appears entering and leaving the place where the act took place, impressions of messages and audios that she sent to her friends asking for help and a photo of the dress she wore that night, stained with blood .
Mariana He also said that he registered a police report and that he committed a crime the day after the incident, but that he was treated only by men. He published impressions of the expert report that confirmed the presence of semen in the panties she was wearing. The semen had DNA compatible with that of André, according to tests.
The profile was removed by court order, but the full account is still on his Twitter account. Mariana says that ‘her virginity was stolen along with her dreams’.
According to the defense of the employer, the complaint of Mariana that she was drugged and sexually abused is “fantasy.” Her family says the abuse left her with irreversible psychological consequences.
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