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The case of the digital influencer from Santa Catarina, Mariana Ferrer, who accused businessman André de Camargo Aranha of rape at a luxury club two years ago, gained another chapter and sparked outrage on social media with the hashtags #justiçapormariferrer and “rape guilty”.
Aranha was acquitted on September 9 by Judge Rudson Marcos, of the 3rd Criminal Court of Florianópolis.
The use of arguments by the prosecutor in the case, Thiago Carriço de Oliveira, in the sense that there was no intention (intention) of the accused, because there was no way for the businessman to know, during the sexual act, that the young woman was not in conditions of consenting to relationship, so there is no intention to violate, generated controversy. “As the guilty modality of vulnerable rape was not foreseen, the fact is atypical”, he wrote in his argument, giving rise to the revolt in the networks about the guilty violation.
“The defendant’s awareness of such incapacity has not been proven, and the defendant’s legal intention in relation to the mental state alleged by the victim has not been proven. From what appears in the file, it was not found that the accused had knowledge of the alleged incapacity of the victim, “Oliveira wrote. “The criminal investigation did not indicate the presence of fraud in the conduct of the accused, establishing the typical and unlawful act that is accused, namely, the crime of rape of vulnerable people.”
The judge’s conclusion was that “there is no conclusive evidence in the file that corroborates the accusatory version.” The sentence recognizes that “there is evidence of materiality and authorship, since the expert opinion confirmed the practice of carnal conjunction and recent hymen rupture.”
However, the magistrate confirms, “from the expert and oral evidence provided, I consider that it was not sufficiently proven that [Mariana] she was drunk – or under the influence of illegal substances – to the point of being considered vulnerable, so she could not oppose André de Camargo Aranha’s action or offer resistance ”.
The judge makes this statement based on alcohol and toxicology tests performed less than 24 hours after the episode, which returned negative results. That is, in the process, the Justice understood that, indeed, there was a rupture of the young woman’s hymen, but that there is no evidence that this is the product of an act of violence or under a presumed state of vulnerability to intoxication by some substance placed in your drink or food.
By accepting the request for acquittal, Judge Rudson Marcos agreed with the prosecutor’s thesis and, claiming respect for the principle of doubt in favor of the accused, affirmed that “it is better to acquit a hundred guilty than to convict an innocent.”
Mariana’s defense appealed the decision, according to the Intercept.
During the process, Aranha confirmed that he had had sexual contact with the young woman, but denies that the act was consummated and that he acted violently.
TO leafLawyer Claudio Gastão first reported that he would not comment on a secret case, “mainly in the face of out-of-context inquiries that reveal bad faith and bias”, referring to the Intercept report, which he called “fake news.”
“He was acquitted because what Mariana alleged was not proven and not for ‘guilty rape’. That is very false and untrue news. In the process, several witnesses were heard and none corroborated what Mariana said. videos, filming, that contradict each other. Everything he said was challenged by expert and testimonial evidence, ”he said.
As requested by the report, Mariana did not comment on the sentence until the publication of this text.
The images published on Tuesday (3) by the website The Intercept show part of the audience that clarified the businessman. In them, Aranha’s defense attorney, Cláudio Gastão da Rosa Filho, exhibits copies of sensual photographs taken by the young woman when she was a model to reinforce the argument that the relationship was consensual and to discredit Mariana.
He defined the poses in the photos as gynecological and was not asked about his relationship to the case. He also stated that “he would never have a daughter like Mariana.” He also rebukes the young woman’s crying: “It is useless to come with your disguised, false cry and this crocodile speech.”
Mariana complains about the interrogation to the judge. “Your Honor, I ask you respect, neither the accused nor the murderers are treated like me, for God’s sake, people. What is that? “, He says.
The magistrate warns Mariana that she will stop recording so that she can compose herself and drink water and asks the lawyer to maintain a good level.
The STF (Supreme Federal Court) minister, Gilmar Mendes, commented on the images on the social network. “The scenes at the Mariana Ferrer hearing are gruesome. Justice must be an instrument of welcome, never torture and humiliation. Correctional agencies must determine the responsibility of the agents involved, including those who have not acted,” he said.
Before the sentence, six expert reports were carried out, in addition to a search and seizure of the expert’s electronic equipment.
The defense of the businessman qualifies as fanciful the version told by the influencer, that he would have been doped and then sexually abused by Aranha. Mariana’s family is categorical in stating that the events that occurred that night had caused irreversible psychological consequences in the young woman.
In total, 22 witnesses were heard during the investigation, in addition to the accused and the alleged victim.
The process also included changes in delegates and prosecutors, disappearance of images and a change in Aranha’s version – in her first testimony, still at the police station, she denied having had contact with Mariana. When he testified in court, he claimed to have performed oral sex on her only.
OR CASE
The rape, according to Mariana, then 21, would have occurred on the night of December 15, 2018, at the opening party of the Summer Music Sunset at the Café de la Musique beach club, in Jurerê Internacional, a beach known for being a rich and rich point. famous.
In her testimony to the police, Mariana stated that she had a memory lapse between the moment when a friend grabbed her arm and took her to one of the Café cabins where businessman Aranha was staying and the moment when a dark stairs. She thinks she’s been doped. The only alcoholic beverage listed on the bar command in his name was a shot of gin. Mariana was a virgin until then, which was verified by the expert opinion.
Both his virginity and his manifestation on social networks were used by the businessman’s lawyer, who assures that he manipulated the facts. “Do you live on that? This is your breeding ground, right, Mariana, this is the truth, right? Is your livelihood the misfortune of others? Manipulate this virgin story? ”Said Cláudio Gastão during the investigation and trial hearing.
A video posted online and included in the archive shows her in a daze climbing a ladder with the help of Aranha into a restricted dressing room in the house. They go up the steps at 10:25 pm. Six minutes later, she comes downstairs followed by him.
It was not possible to retrieve the images for the rest of the night because the club claimed that the storage device deletes the recordings after four days.
Aranha is a soccer player entrepreneur and is often seen alongside such figures as Ronaldo Nazário and Gabriel Jesus. He is the son of lawyer Luiz de Camargo Aranha Neto. On the day of the alleged crime he was accompanied by Roberto Marinho Neto, one of Globo’s heirs.
PROMOTER EXCHANGE
In July 2019, the first prosecutor who took over the case, Alexandre Piazza, denounced the businessman for rape of the vulnerable, when the victim is under the influence of alcohol or a narcotic and cannot demonstrate his consent or defend himself.
He also requested the preventive detention of Spider, accepted by the court and later overturned in a second degree injunction by the defense.
In the complaint, Piazza considered as evidence the genetic material collected on Mariana’s clothes and a glass in which Aranha drank water during the interrogation at the police station. The prosecutor also took into account “the disconnected messages that the victim sent to her colleagues” after going down the stairs of the dressing room where the crime occurred, in addition to the testimonies of Mariana, her mother and the Uber driver who took her home.
Luciane Aparecida Borges, Mariana’s mother, said she smelled strong sperm when her daughter came home from the party. According to her, Mariana was not used to drinking and had never returned home in that state. The driver cited by the prosecutor in the complaint said the young woman spent the trip crying and talking to her mother on the phone. To him, she seemed to be drugged.
The audios sent by Mariana to at least three friends after descending the dressing room stairs were also attached to the process. In one of them it says: “friend, for the love of God, answer me, I’m going alone, I can’t stand this boy next to me, for the love of God.”
However, the prosecution’s understanding of what happened that night completely changed in the final indictments. Piazza dropped the case to, according to the MP, take another prosecution, and Thiago Carriço de Oliveira took over the case. It is his thesis of involuntary violation.
For the new prosecutor, it was not possible to prove that Mariana could not consent to the sexual act. It is mainly based on toxicology tests and the apparent sobriety that Mariana’s position indicates when she leaves Café de la Musique and heads to another beach club in search of friends captured by street cameras.
