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The São Paulo Justice yesterday denied the request for preventive detention of businessman José Maria da Costa Júnior, accused of homicide after running over and murdering the cyclist Marina Harkot last Sunday (8), in the capital of São Paulo. The request had been made by the Civil Police.
In sentencing, Judge Tatiana Saes Valverde Ormeleze acknowledged that it was a “very serious” crime. Even so, he stated that it is not possible to issue preventive detention, regulated by article 313 of the Code of Criminal Procedure.
“For the preventive detention of a person accused of a crime, it is necessary to face an intentional crime with a maximum penalty of more than four years, recidivist, or even in cases of domestic and family violence, to guarantee the execution of emergency precautionary measures. This is the case, however, none of these requirements is met, ”argued the judge of the Barra Funda Penal Forum in the ruling.
“The investigated responds for the practice of the negligent crime provided for in the traffic legislation, and it is primary. Thus, the judge cannot impose a more drastic measure due to the indulgence of the law itself, despite the enormous gravity of the crime. , precautionary segregation is not possible, at least for now ”, he added.
The Public Ministry also was in favor of denying José María’s request for preventive detention. The businessman appeared to the police on Tuesday (10) and said that he had not helped the victim to get out of panic.
