The father of the 6-year-old girl, who died after falling from the 12th floor of a building in Praia Grande (SP), He was arrested after being sentenced to 6 years, 2 months and 20 days in prison due to the abandonment of an incapable person with a fatal outcome.
According to the criteria of
He will serve his sentence in a semi-open regime, which means that he will spend part of the day working or studying and will return at night to sleep in the penitentiary unit.
The incident occurred in the early hours of June 11, 2022, on Castelo Branco Avenue, in the Canto do Forte neighborhood. The 41-year-old businessman left the apartment to take his girlfriend home and left his daughter sleeping alone.
Rafaella Lozzardo Silva woke up, she was distressed to see that she was alone and He screamed for help from the balcony of the apartment, at which point he fell from the 12th floor. The girl fell on the upper floor of the building’s parking lot, succumbed to her injuries and died at the scene.
Witnesses said the girl was screaming and crying a lot just before she fell. A mobile phone was found next to the girl’s body.
At that moment, The girl’s father was arrested for abandoning an incapacitated person with a fatal outcome and released at a custody hearing.
The detention
On August 24, 2023, according to the sentence obtained by g1, the judge of the 1st Criminal Court of Praia Grande sentenced the merchant to serve the sentence of 5 years and 4 months in prison in an initial open regime, that is, appear before the court to demonstrate that he follows the restrictions, but lives in harmony with society.
However, the Public Prosecutor’s Office of the State of São Paulo (MP-SP) filed an appeal against the sentence requesting an increase in the base sentence, in addition to the establishment of the initial closed or, alternatively, semi-open regime.
On February 16 of this year, the Court of Justice of the State of São Paulo (TJ-SP) partially upheld the appeal filed by the MP-SP and increased the sentence of the accused to 6 years, 2 months and 20 days in prison, in addition to setting the initial semi-open regime.
Following appeals filed by the man’s defense and the MP-SP, the Court determined, in a final and unappealable decision, to uphold the decision. On June 13, the arrest warrant against the merchant was issued, which was only fulfilled on the 25th of that month.
Arrested for the third time
The merchant had already been arrested twice for the same crime. The first time occurred on the day his daughter died after falling from the floor. 12 of the building after being left alone by him, on June 11, 2022. At the time, he was arrested in flagrante delicto, but released after the custody hearing.
The man returned to prison for the same reason on November 18, 2022. At the time, the MP-SP requested preventive detention motivated by a change of address of the accused without prior authorization from the judge, thus violating a precautionary measure imposed for the granting of provisional release.
The second time arrested, the merchant He spent 188 days in prison and was released after the judgeduring an investigative hearing held on May 25, 2023, revoked the defendant’s preventive detention order. The proceedings are subject to judicial secrecy.
The little girl’s death caused a stir on social media. Just four days after the incident, her relatives decided to speak out.
Through Instagram, an aunt of the girl, sister of Rafaella’s mother, He commented that the days of his relatives have not been easy. “We are not ready to talk yet. Our hearts are broken,” she said.
‘G1’ spoke to some people close to Rafaella and her family. Shortly before the incident, she had gone to a restaurant near her home and, according to the owner, Michelle Sanches, she was very happy. “She was very happy. She was a girl full of energy and always smiled. My son even asked her to go out with her, but she said he was very ugly,” she recalls.
BRENDA BENTO.
G1.
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*This content was created with the assistance of artificial intelligence with information from O Globo (GDA) and was reviewed by a journalist and an editor.
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