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After five days in prison, the musician Luiz Carlos da Costa Justino went home this Sunday (6) and is already next to his wife and three-year-old daughter. Shortly after leaving prison, the young man unburdened himself and recounted the moments of fear and insecurity during the days he was in prison and, even without a criminal record, shared a cell with several dangerous inmates.
Horrible, horrible. I felt everything: fear, pain, I don’t know, I was very nervous. I went to ‘safe’. Where are the rapists, who has killed, who has done everything. Are you going to be like sleeping? Justino asked.
Luiz Carlos was transferred on Sunday (6) from Benfica prison and spent the night in the Guaxindiba Penitentiary Complex, in São Gonçalo, Metropolitan Region, even after the release permit had already been issued by judicial duty.
In the decision of judge André Luiz Nicolitt, the magistrate questions the causes that would have caused the musician to be on a record of the Civil Police, since he had no criminal record.
Justin was recognized by the victim at the police station through a photo.
Luiz Carlos Justino was released on Sunday – Photo: Playback / TV Globo
In the release permit, the magistrate questions the fragility of the evidence that led to the arrest.
“On the one hand, we have a young cellist with no prior background, with extensive work history, with musical experience for 8 years, much loved by the community. On the other hand, we have a police report that does not explain how his photo was included in the album without a prior investigation, ”said the decision.
Police say the musician was designated by drug traffickers in 2014 as a suspect of being part of a criminal organization and, therefore, the photo entered the image bank.
Luiz Carlos has been part of the Grota Orchestra, in Niterói, since he was six years old. He performed last Wednesday (2) with three friends at the ferry station when, on his return, he was arrested in a bombing. During the approach, he was undocumented and was transferred to the police station.
“I probably should have lost at the carnival, when I went out on the block and came home without him. I was left without a document and now, in this coronavirus pandemic, I couldn’t make the document, the identity, “said Justino, who dreams of going to music school.
At the police station he discovered that he had an open arrest warrant for armed robbery. The crime took place on November 5, 2017, at 8:30 am, in the Vila Progresso neighborhood.
The family and the people who worked with him claim that, on the same day and time, he was performing in a bakery in the Piratininga neighborhood, about seven kilometers from the scene of the crime.
In another part of the release decision, the judge reaffirms the young woman’s lack of antecedents.
“It should be noted that the freedom of the accused during these two years has not created any problem for society, since it does not respond to any other crime, and the only known organization to which it belongs is a musical organization. Apparently, instead of creating danger, in these 3 years it has been promoting art, music and culture ”, he says.
Representatives of the Human Rights Commission of the OAB-RJ followed the release of Luiz Carlos at the gate of the Guaxindiba Penitentiary Complex. For the commission, there was a crime of racism and the state will be sued.
The Civil Police Secretariat affirmed that photographic recognition is a procedure used by all Brazilian judicial police and also stressed that this recognition is validated in numerous cases by the higher courts.
