03/10/2024 – 21:53
Judge Luiz Fernando Vaggione, from the 2nd Chamber of Criminal Law of São Paulo, reinstated the preventive detention of three men detained in the act on suspicion of involvement in a flash kidnapping in Itaquaquecetuba, in the Alto Tietê region. The release of the accused had caused outrage among police officers and led the Secretary of Public Security, Guilherme Derrite, to record a video repudiating the decision taken during a custody hearing.
The judge also canceled the most controversial of the decisions taken by judge Lucas Garbocci da Motta, on duty in Mogi das Cruzes, in Greater São Paulo, the protective measure that determined that police officers should maintain a distance of one hundred meters from the fourth defendant in the case: Angélica Cristielly Silva Galindo, who was arrested in the act with the other three accused of the kidnapping. All because the magistrate believed the accused’s report, who claimed to have suffered mistreatment at the police station.
Angélica, Mateus Costa da Silva, Laercio Duarte and Wagner Guilherme Monteiro Diogo were arrested on September 27 in an incident of extortion through kidnapping. An elderly couple was held captive for seven hours and was only released after numerous bank transfers to the gang. The woman and one of the accused were arrested after the victims were released, with the couple’s personal documents and cell phones. The other two men were recognized by the victims.
They were released at the custody hearing after Angélica claimed to have been attacked by police officers at the Itaquaquecetuba Police Station (watch the video of the hearing obtained by Estadão below). She said she was slapped, had her hair pulled and even fainted after being suffocated with a plastic bag.
The judge on duty in the District of Mogi das Cruzes placed everyone on provisional release. He considered that, as the act was unique and was carried out by the same agents, all four should benefit. The decision states that Angélica’s report is “credible and reliable of the occurrence of torture and ill-treatment”.
“Thus, due to the reliable news of the occurrence of torture and ill-treatment by State agents when the arrest report was drawn up in the act, I understand well the relaxation of the imprisonment of all those caught, due to illegality”, explained the judge .
“Not even the seriousness of the conduct that was allegedly carried out by the person in custody is not a justification for the violence and ill-treatment suffered at the time of arrest. Torture and mistreatment by State agents are intolerable and tarnish the act, regardless of anything”, the decision continues.
The suspects were released, except for Laercio, who had another outstanding arrest warrant and remained in detention. Laercio is accused of another extortion through kidnapping and denied, at the custody hearing, having suffered violence at the police station.
It was at that same hearing that the magistrate decreed the protective measure to prevent the police from approaching Angélica. To protect the accused from kidnapping, the judge used the Maria da Penha Law. The Civil Police Internal Affairs Division was notified.
THE Estadão asked for the corporation’s position and was awaiting a statement from the judge, which had not occurred until the publication of this text.
After the release of those accused of kidnapping, the Public Ministry appealed. In a new decision, judge Luiz Fernando Vaggione considered it risky to keep the suspects free and argued that the reestablishment of preventive detention is necessary to guarantee public order and the protection of victims. Angélica remains on provisional release.
“The granting of the suspensive effect as a precautionary measure requires verification of the exceptionality of the situation, which in the present case was very well characterized, in view of the regularity of the arrest in the act of those being investigated, added to the concrete seriousness of the conduct”, stated Vaggione .
Given the repercussion of the case within the São Paulo Civil Police, the Secretary of Public Security of São Paulo, Guilherme Derrite, criticized the decision that ordered the release of the suspects. He stated that the Civil and Military Police played their role.
“Just look at how difficult it is to be a police officer in Brazil. Based on the version of a criminal, a kidnapper, three criminals, highly dangerous kidnappers, were released without any criminal examination, without any proof”, he published on social media.
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