Rio Justice orders the release of the musician who was mistakenly arrested in Niterói, RJ | Rio de Janeiro

In his decision, issued during the judicial service on Saturday (6), Judge André Luiz Nicolitt also determines that the musician make house arrest, “and the defense must prove to the first degree court the address where the defendant will comply with the measure and may be located.”

On Saturday (6), family and friends of Luiz Carlos held a protest in front of the Benfica prison, in the North Zone. The young man, accused of theft, was recognized by the victim by photo, at the police station, but The family says that, at the time of the crime, he was playing in a bakery.

“In doctrinal terms, photographic recognition is questioned due to its great possibility of error. Applied psychology has made an effort to investigate the psychological factors that compromise the production of memory. In this branch, we find contributions that analyze the variables that can interfere in the accuracy of the memory ”, reads an excerpt from the decision.

“There are many objections that can be made to photographic recognition. First, because there is no legal provision on its existence, which would violate the principle of legality. Second, because, in most cases, photographic recognition is carried out at the police station. , without being attached to the procedure of ‘alleged photos used’ in the catalog, nor informed if there was a comparison with other images, nor information on how the photographs of the accused ended up in the catalog, which violates the idea of ​​the chain of custody of the proof. “, he explains.

The judge also says that “it is not possible to know if the author of the ‘recognition’ pointed to the recognized person, confirmed a third party opinion, or even if there were doubts as to whether the author of the criminal conduct was the person in the photograph.”

Precisely on the case, it causes perplexity since the photo of someone primary, with a good record, without any police pass will integrate photo albums at police headquarters as a suspect.

According to the police, there was an open arrest warrant against the musician for armed robbery. The crime for which Luiz Carlos is accused occurred on the morning of November 5, 2017, a Sunday.

However, relatives and people who worked with the musician question the version that Luiz Carlos participated in the assault. They argue that, at the time, he had a permanent contract with a bakery, where he played the cello, and the performances always took place on Sunday mornings.

According to the lawsuit, the crime took place in Vila Progresso, which is 7 km from the bakery where, according to witnesses, the musician played.

In the decision that ordered preventive detention, Judge Fernanda Magalhães Freitas Patuzzo pointed out that the detention was necessary to ensure the tranquility of the victim who recognized Luiz Carlos at the police station. But it does not clarify how this recognition was made. At that time, the case was investigated by the Jurujuba Police Station. The delegate was Cláudio Ascori.

The Civil Police were asked how the victim was recognized, but the corporation did not respond. On the day the crime was registered, Luiz had no criminal record.

The Public Ministry of the State of Rio de Janeiro (MPRJ) was also questioned based on what evidence collected in the investigation is based on the decision to denounce the musician, but it had not responded until the end of this Saturday morning (5).

Luiz Carlos’s wife says that he is very distracted and that he has already lost documents several times. The family suspects that the musician may have been the victim of fraud.

“I used to lose a lot of documents. Lost two or three times. And since it was just that he was going to do another one, someone used the document, he used it to do something and his name was engraved there, ”said Mariana Soares do Nascimento, Luiz’s wife.

Presentations at the bakery

Publicist Cristina Guerra says she was one of the people who invited Luiz Carlos to perform at the bakery, called Café Musical.

“Every Sunday we were there too, because we kept creating content to broadcast on social media. So I’m absolutely sure that this Sunday, November 5, 2017 they were playing there, from 8 in the morning until noon, ”says Guerra.

In this musical project, Luiz Carlos used to perform with his uncle. “Every Sunday morning we had a contract with a bakery. We even played there for more than two years,” recalls Leandro Justino, who is also a musician.

“So far, I am trying to understand this [a prisão]. Because, for one person to accuse the other, they have to be sure. (…) How did they recognize, if he, as far as I know, had no antecedents? ”

Luiz Carlos’s mother says: “I can’t even enter my house. I have been since Wednesday without eating anything, without sleeping well. I wake up all the time, sometimes I hear him call me ”.

The musician joined the orchestra at the age of six.

Luiz Carlos is the second son of a family of six siblings. He took a taste for music at age 6, when he joined the Grota String Orchestra. The coordinator and former director accompanied him from the first steps.

“He always studied and was always there, and he always participated, from the beginning of the orchestras, and today he is in the main orchestra”, explained maestro Márcio Paes Selles.

As a child, he even appeared in a report and a television in Germany, showing the children of the social project.