Minister Edson Fachin, of the Federal Supreme Court (STF), rejected a preliminary injunction to relax the preventive detention by Monique Medeiros da Costa e Silva, mother of 4-year-old Henry Borel, who died on March 8 of this year. Monique’s lawyers filed a complaint with the STF, alleging that the 2nd Court of the Jury of the State of Rio de Janeiro failed to comply with the Supreme Court’s determination in relation to the custody hearings, by not holding a new hearing after the conversion from temporary to preventive detention.
Monique was temporarily arrested along with former councilor Jairo Souza Santos Júnior, known as Dr. Jairinho, on April 8 of this year. Jairinho is accused of triple aggravated homicide. In addition to the death of Henry, the former councilor was denounced by the Public Ministry of Rio de Janeiro (MPRJ) in two cases of torture of children of ex-girlfriends and for domestic violence. On June 30, Jairinho lost his mandate as councilor for breach of parliamentary decorum, in a unanimous decision of the councilors of the Rio de Janeiro City Council.
The couple’s custody hearing was held the following day. On May 6, the measure was converted into preventive detention and, according to the defense, there was no new hearing. In addition to disrespecting the STF’s decision in the Allegation of Non-Compliance with a Fundamental Precept (ADPF) 347, when the requirement for custody hearings was signed, the lawyers argued that Monique’s case is in breach of the jurisprudence of the Inter-American Court of Human Rights, in relation to the period of five days for carrying out the act and asked for the granting of the preliminary injunction to revoke preventive detention.
exceptionality
In the decision, Minister Edson Fachin stated that the granting of an injunction in a claim is an exceptional measure and is only justified when the situation represents a manifest illegal constraint, which was not verified in the case. He also did not find evident illegality that would allow the granting of the measure.
The minister highlighted, however, that this decision does not affect the future analysis of the request, in the judgment of the merits of the claim, after the manifestation of the Attorney General’s Office (PGR).
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