Prosecutor’s Office names ‘guilty of rape’ and generates revolt

11/03/2020 Brazil, World



[ad_1]

The Mari Ferrer case came to light on Tuesday 3, and ended up in the most commented topics on Twitter with the hashtag ‘Estupro Culposo’, after details of the trial were released, in which the producer of the event accuses André of Camargo Aranha rape, during a party in 2018. He was acquitted for a thesis raised by the prosecutor that the crime was committed guilty at night, that is, when there was no intention. The information was obtained by The Intercept Brasil.

Credit: Playback / Instagram and TwitterMari Ferrer case: Prosecutor’s Office names ‘guilty of rape’ and generates revolt

During the trial that took place in September, the responsible prosecutor alleged that André Camargo Aranha had no way of knowing that Mari Ferrer was in a vulnerable situation, that is, unable to accept or deny the sexual act and that is why he classified the crime of “rape.” guilty ”. Obviously, the law does not foresee a crime of this nature, for which the businessman was acquitted.

The violation of Mari Ferrer would have occurred on December 15, 2018, at a party at the Café de la Musique, in Jurerê Internacional. At that time, the young woman was 21 years old and working as a party promoter.

Intercept Brasil had access to images of the trial and in them you can see André Aranha’s lawyer humiliating Mari Ferrer. He showed pictures of her at work as a professional model to attack her.

According to the lawyer Cláudio Gastão da Rosa Filho, the images would be “gynecological”, as he defined them. In addition, during the session he stated that “he would never have a daughter” of the “level” of Mari Ferrer. The trial took place online and the images were captured and published by the Intercept.

The victim was crying and heard the lawyer: “It makes no sense to come with his false and hidden cry and this crocodile speech.” Mari Ferrer also said that not even the defendants were treated that way when they complained about the lawyer’s conduct.

“Her little show will be on her Instagram later,” Aranha’s attorney said. “It is your bread, the shame of others, tells the truth.”

The information revealed by the portal shows that Cláudio Gastão da Rosa Filho is one of the most expensive lawyers in Santa Catarina and has already represented Olavo de Carvalho and Sara Giromini.

According to Mari Ferrer, she was doped during the rape. Exams found carnal conjunction [que é quando há a introdução completa ou incompleta do pênis na vagina] and the presence of semen in the girl’s panties, as well as a ruptured hymen. Mari Ferrer was a virgin.

The accused of violating the digital influencer has already been photographed with Gabriel Jesus, Ronaldo Nazário and Roberto Marinho Neto.

The first prosecutor of the Public Ministry of Santa Catarina (MP-SC), responsible for the case, Alexandre Piazza, in July 2019 denounced André de Camargo Aranha for rape of vulnerable people and requested preventive detention. That request was accepted by the court, but the defense managed to revoke the measure with a court order.

Piazza dropped the case and it was Thiago Carriço de Oliveira who raised the thesis of “unintentional rape” on the grounds that the toxicological tests do not show alcohol or drugs in Mar Ferrer’s blood.

In addition, based on images from other cameras, he assures that the promoter “looked” sober when he left the Café de la Musique.

André Aranha changed his testimony during the process. In May 2019, the businessman said he had no contact with Mari Ferrer, but in 2020 he took a step back and assumed that he had had oral sex with the victim.

The businessman also reported that the promoter asked to go to the bathroom and that was when the two climbed the stairs. He reportedly performed oral sex on her and, of her own accord, left the scene.

The magistrate agreed with the defense arguments of the businessman André Aranha, in the sense that there is a lack of “conclusive evidence in the files to corroborate the accusatory version.”

The MP, responsible for the accusation, also spoke out for the acquittal of the accused due to the “lack of evidence”, in his final arguments.

“Therefore, as the evidence on criminal authorship is contradictory in itself, there is no way to impose criminal responsibility on the accused, since, repeating an old liberal saying, ‘better to acquit a hundred guilty than to convict an innocent’. The acquittal, therefore, is the most successful decision in the case analyzed, with respect to the principle in question, in favor of the accused (in dubio pro reo), based on art. 386, VII, of the Criminal Procedure Code ”, wrote the judge.

The aforementioned decision was made in the first instance and, therefore, both parties may challenge the decision.

Intercept contacted the Santa Catarina OAB, who called Cláudio Gastão da Rosa Filho to clarify the position during the hearing. Since the process takes place in secret from the Justice, the Order has declared that it can not give more information.

On the web, the issue gained repercussion due to the revolt it generated and ended up in the most commented topics on Twitter, this Tuesday.

“The crime of rape consists of” shaming someone, through VIOLENCE OR SERIOUS THREAT, to have carnal conjunction or to practice or allow another libidinous act to be practiced with him. “The guilty crime is due to recklessness, negligence. There is no guilty violation. This is ridiculous, ”said the federal deputy and candidate for mayor of São Paulo, Orlando Silva.

See the repercussions:

The true traditional Brazil: stories of conflict and survival



[ad_2]

Designed by Tricksfast Solutions
© Copyright 2024, All Rights Reserved