Mariana Ferrer case: unprecedented sentence of guilty rape, ‘without intention to rape’ sparks debate



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“Your Honor, please respect me, not even the accused are treated like I am, for God’s sake, people. What is that?”Said Mariana Ferrer on video during one of the hearings in the trial of her abuser, the businessman André de Camargo Aranha. The Intercept Brasil had access to the records of the defense attorneys who humiliated Ferrer, who is a victim of rape, without the intervention of the judge.

The decision came out in the second week of September: the prosecutor responsible for the case decided that there was no way for the businessman to know, during the sexual act, that the young woman was not in a position to consent to the relationship, and therefore did not exist. “intention” rape.

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The judge accepted the argument that Aranha made “Guilty rape”, one “crime” not provided by law. Since no one can be convicted of a crime that does not exist, Aranha was acquitted.

Justice of Mari Ferrer

The decision was enough to provoke riots on social networks, where Ferrer had been publicizing the case and asking for justice since the crime was committed in 2018. The hashtag #Justice hit the trending topics of Twitter. Now, the case stands out again, this time for the content of the videos released by The Intercept. Lawyers’ attitudes are, to say the least, disgusting.

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The defense of the businessman showed copies of sensual photographs taken by the young woman as a professional model before the crime, which reinforces the argument that the relationship was consensual.

The lawyer Cláudio Gastão da Rosa Filho analyzed the images, which he defined as “Gynecological”, without being asked about their relationship to the case, and states that “I would never have a daughter” do “level” of Mariana. He also rebukes Mariana’s crying: “There is no point in coming with your fake hidden cry and your crocodile speech”.

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The young woman complained about the questioning to the judge. The few interferences of Judge Rudson Marcos, of the 3rd Criminal Court of Florianópolis, occur after Gastão’s statements. In one of the situations, the judge tells Mariana that she is going to stop recording so that she can compose herself and drink water and asks the lawyer to keep a record. “Good level”.

Although the process was carried out in secret, it was Mariana herself who made her case public through social networks, in May 2019. According to her, it was a way of putting pressure on the investigation that she considered stalled due to Aranha’s influence. One of his requests, which was never answered, was that the Justice make the case available for public consultation.

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Son of lawyer Luiz de Camargo Aranha Neto, who has already represented Rede Globo in court cases, Aranha is a player entrepreneur and is often seen alongside figures such as former footballer Ronaldo Nazário and Manchester City forward Gabriel Jesus. , From England. At the party where Mariana claims to have been raped, for example, she was accompanied by Roberto Marinho Neto, one of Globo’s heirs.

Mariana’s profile fell on Instagram

Mariana’s profile on Instagram, where he shared details of the case, was removed by the social network in August of this year. At that time, the page had more than 850 thousand followers. Through Twitter, he shared an impression in which the platform justifies that the account was deleted. “Due to a lawsuit”. According to Mariana, Aranha allegedly requested the removal of the content in court.

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The rape, according to Mariana’s account, occurred on the night of December 15, 2018, at the summer opening party. ‘Sunset Music’ from the Café de la Musique beach club, in Jurerê Internacional, Florianópolis, a beach known for being the point of the rich and famous. Tickets for face-to-face events vary between R $ 100 and R $ 1,500, depending on the party. The passport to access the cabins can cost much more.

Mariana, at that time 21 years old, was the promoter of the event and was in charge of publicizing the party on social networks. A video, showing Mariana climbing a ladder with Aranha’s help to a restricted dressing room in the house, was leaked online.

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They go up the steps at 10:25 pm. Six minutes later, she descends, followed by Aranha. Police only officially requested the footage from the beach club months after the investigations began, with the club claiming that the storage device erased the footage after four days. So even though the club had 37 security cameras, it was not possible to retrieve footage from the rest of the night. Even so, the leaked video on the Internet was included in the process.

In her testimony to the police, Mariana stated that she had a memory lapse between the moment when a friend took her by the arm and led her to one of the cabins of the Café where the businessman Aranha was staying and the moment when “Go down a dark staircase”. She thinks she’s been doped. The only alcoholic beverage listed on the bar command in his name was a shot of gin. Mariana was a virgin until then, which was verified by the expert opinion.

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Both his virginity and his manifestation on social networks were used by the businessman’s lawyer, who assures that he manipulated the facts. “Do you live on that? This is your breeding ground, right, Mariana, this is the truth, right? Is your livelihood the misfortune of others? Manipulate this virgin history?said Cláudio Gastão during the investigation and trial hearing.

To The Intercept Brasil, the Ministry of Women, Family and Human Rights said that it sent letters to the internal affairs of the Court of Justice of Santa Catarina and the Public Ministry of Santa Catarina, the Brazilian Bar Association, the Council National Justice and the Council. National Prosecutor’s Office for these bodies to investigate the conduct of the professionals who were present at the hearing. The National Council of the MP, the National Council of Justice and the Court of Justice of Santa Catarina, however, affirm that they have not received any notification or complaint about the case.



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