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The Public Ministry of Santa Catarina requested the lifting of the confidentiality of the instructional hearing and trial of the criminal action in which the businessman André de Camargo Aranha was acquitted of the accusation of having violated the influence Mariana Ferrer. According to the agency, the recording was edited to exclude the interventions of the prosecutor Thiago Carriço de Oliveira, Judge Rudson Marcos and the assistant prosecutor in favor of Mariana.
reproduction
At the hearing, whose images were published in a report on the website The Intercept Brazil and went viral on social media, Aranha’s lawyer, Cláudio Gastão da Rosa Filho, presents photos produced by influence and posted on his Instagram profile that he described as “gynecological” and said, among other things, that “he would never have a daughter” at “Mariana’s level.”
The lawyer also said that Ferrer was putting on a “little show” and that his “earning bread was the shame of others.” The way in which Rosa Filho interrogated Mariana, the work of the Prosecutor and Judge Rudson Marcos, of the 3rd Criminal Court of Florianópolis, was criticized by Minister Gilmar Mendes, the Federal Supreme Court, and various legal professionals.
So much so that the Santa Catarina section of the Brazilian Bar Association asked Rosa Filho for clarification. The National Council of Justice, the Court of Justice of Santa Catarina and the National Council of the Public Ministry will investigate the conduct of the judge and the prosecutor in the case.
In a note, the MP-SC stated that the video posted by Intercept does not show that after the attorney adopts a “disrespectful attitude” toward influence, the prosecutor intervened to prevent him from being embarrassed.
In addition to this demonstration, the entire video presents numerous other interruptions promoted by the prosecutor, the public defender who served as an assistant to the prosecution and the judge, president of the act, even in the moments that were edited to intentionally exclude the interventions made. in favor of Mariana, ”said MP-SC.
The agency declared that it repudiates the lawyer’s attitude and emphasizes that “the exploration of personal aspects of the lives of the victims of sexual crimes cannot, in any case, be used to discredit her version of the facts.”
Read the MP-SC note:
The Public Ministry of Santa Catarina reaffirms its solidarity with Mariana Ferrer and reiterates that the prosecutors who acted in the case adopted, throughout the process, the necessary respect and sensitivity required by the issue, to avoid any possibility of revictimization. or offend the privacy of the victim.
Throughout the entire process, the Public Ministry has, of course, respected the confidentiality conferred by law on matters related to crimes against sexual dignity, which prevents the Institution from revealing details about the process or complete video of the instruction and hearing of the trial.
It is essential to clarify, however, that Mariana’s hearing lasted about three hours and, precisely with the aim of safeguarding her integrity at such a sensitive moment, the act took place on two different days.
The questions posed by the prosecutor to Mariana took into account the principles of acceptance and respect that should guide the performance of the parties in the Justice System, especially in the case of crimes of this nature.
In the first moment in which the defense lawyer adopted a disrespectful attitude towards Mariana, the prosecutor intervened so that she was not exposed to the situation of shame. In addition to this demonstration, the entire video presents numerous other interruptions promoted by the prosecutor, the public defender who acted as assistant to the prosecution and the judge, president of the act, even in the moments that were edited to intentionally exclude the interventions made in El Mariana’s favor.
The Public Ministry reiterates its rejection of the prosecutor’s attitude and emphasizes that the exploration of personal aspects of the lives of victims of sexual crimes cannot, in any case, be used to discredit the version that she offers of the facts.
It is absolutely regrettable that this type of argument is still presented by human rights defenders and this position is widely rejected by the Public Ministry of Santa Catarina, even through institutional programs of specialized support for victims of violence. However, a legislative change promoted in the Code of Criminal Procedure began to allow questions to be asked directly to the witness (Article 212) and, as everyone knows, several legislative initiatives have sought to hold prosecutors and judges accountable for abuse of authority with the argument to restrict the defense of the accused, which represents a flagrant setback to the guarantee of a firm and forceful action in the defense of the victim and society by the Public Ministry.
Finally, the Public Ministry of Santa Catarina regrets that institutions and members of the Justice System have adopted a hasty judgment on the facts, especially based on journalistic reports with false information and without knowledge of the evidence contained in the process, a fact that had repercussions even greater in view of the legal impossibility of disclosing complete information.
The Intercept Brasil website, in turn, changed its version after an official note from the MP-SC and after the media, opinion formers and influencers demonstrated on social networks that the information transmitted by the website was wrong. He published a note at the end of the report on the case, acknowledging that he had imprecisely used the expression “guilty rape”, a type of crime that does not exist in the judicial system, under the usual artifice of journalism to make the process more accessible to the public. What happened, however, was the deliberate dissemination of disinformation in an environment that we all know is conducive to the spread of information without due and necessary verification of its veracity.
In this context, the prosecutor Thiago Carriço de Oliveira asked the Judiciary to lift the secrecy of the video of the criminal investigation, so that the control bodies can have access to the complete procedural document and, based on this information, adequately evaluate the position adopted, so that the guarantee of secrecy, which is justified in the preservation of the victim, does not make the society’s right to information unfeasible, without editing or manipulation.
With information from the MP-SC Press Office.
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