Supreme Court determines Roger Abdelmassih’s transfer to prison hospital | Valley and Region of Paraíba

Roger Abdelmassih, convicted of raping patients, returned to P2 de Tremembé on Monday (31) after four months under house arrest. The benefit was revoked by the São Paulo Court of Justice last Friday (28).

The former doctor’s defense appealed on September 3. Minister Ricardo Lewandowski granted the precautionary measure and determined “the immediate admission of the patient to the São Paulo State Penitentiary Hospital.” Roger Abdelmassih’s defense declined to comment on the decision.

In 2017, the former doctor had already been transferred to the Carandiru Penitentiary Hospital for the treatment of a superbug.

The Secretariat of Penitentiary Administration reported that it was not notified of the STF’s decision.

The former doctor was under house arrest since April 19 for being considered a member of the group at risk of contracting the coronavirus. The decision granting him the benefit was revoked last Friday (28) by the TJ-SP.

For the judges who are part of the Sixth Criminal Chamber of the Court of Justice, “the pandemic caused by the Covid-19 virus does not, by itself, authorize the anticipation of the progression in the prison regime” and the former doctor is serving a sentence 173 years in prison. in closed regime, not having the right to go from regime to open at this time.

The TJ responded to an appeal from the Public Ministry, stating that there is no care that the former doctor needs that he cannot have in jail. The MP alleged that the recommendation of the National Council of Justice (CNJ) cited in the judge’s decision, which addresses preventive measures against the spread of Covid-19 in prisons, cannot be used to authorize the “unbridled release of prisoners.” .

According to the MP, the prison where Abdelmassih was serving a sentence has no confirmed death from the disease and the decision to grant Abdelmassih house arrest did not consider the possibility that he was found isolated within the prison where he was serving his sentence.

For detainees, the imprisonment of 173 for sexual offenses to which Abdelmassih was sentenced, the fact that he has already faked a disease, do not authorize the progression of the sentence.

Regarding the humanitarian house arrest, which would be authorized by the Corona virus pandemic (COVID-19, this phenomenon does not result in the automatic and immediate emptying of the prisons. And it is that, despite the seriousness of the situation and the need if measures are taken to prevent it from reaching the penitentiary system (in fact, there is news that some measures have already been taken that favor the isolation of prisons), its existence does not change the legislation ”, the judges wrote in the sentence.

The former doctor has been under house arrest in 2019

Until October 2019, he was serving a prison sentence. The benefit had been revoked after the opening of an investigation for alleged fraud in her health. The doctor involved in the episode was also released after another decision.

The defense request was made on March 25 after some prisoners of the semi-open regime in Tremembé were released due to the risk of contamination.

In the document, the defense attorney and his wife, Larissa Abdelmassih, reinforce the urgency that he be placed under house arrest, considering that if he were to become infected he would run twice the risk, due to old age and heart disease.

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