09/22/2024 – 18:08
The Pará courts have suspended a criminal transaction that forced a priestess to change her address for disturbing the peace of her neighbors. The decision is provisional and guarantees her stay in the property, attached to an Umbanda temple, until the final judgment of the case.
A plea bargain is a type of agreement reached with the Public Prosecutor’s Office. The defendant agrees to comply with a requirement and, in exchange, the case is shelved. In this case, the priestess agreed to look for a new property. The neighborhood was reportedly bothered by the volume of drums, bells and meetings.
Judge Ana Patrícia Nunes Alves Fernandes, of the 1st Permanent Appeals Panel of the Small Claims Courts, considered that the solution agreed upon in the agreement was abusive because it violates religious freedom and the right to housing.
“The imposition of obligations that result in the compulsory removal of the patient from her residence and her religious practices goes beyond the limits of the criminal transaction”, justified the judge.
The judge warned of the “risk of irreparable harm” to the priestess. “The patient is threatened with compliance with a sanction that may violate fundamental rights, in addition to constituting a restriction on her religious freedom and worship. The delay in assessing the substantive matter may result in serious irreparable harm to the patient, including the implementation of measures that directly affect her dignity and freedom.”
The decision also states that there is no evidence that there was a noise disturbance because no report measuring the decibels was produced, which in the judge’s assessment is “essential” for the process.
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