08/11/2023 – 21:53
The judges of the 4th Criminal Chamber of the Court of Justice of Santa Catarina confirmed the conviction of a 31-year-old farmer who fired at least one random shot – the projectile passed close to the heads of two friends – while they were playing cards and singing ‘I dreamed of Você’, a hit by Milionário and José Rico, during a party in a garage in Formosa do Sul.
The episode was recorded on video, posted by the convict on his Instagram profile. The sentence imposed on the defendant in the first degree, maintained by the Court of Santa Catarina, is two years of semi-open imprisonment, but was converted into restrictive rights – payment of a fine and limitation of weekends.
The man was framed for shooting a firearm in an inhabited place. According to the Public Ministry’s complaint, the case occurred on November 17, 2021, at a party with at least seven other people. The recording shows the defendant next to a table on which there were two weapons.
The image shows the farmer taking a sip from a can of beer. Then, he takes a 9mm pistol, unlocks the weapon, aims between two people’s heads, points it at a window and fires once.
Convicted in the first instance, the farmer appealed to the Court of Justice, claiming that he had fired the shot because he ‘suspected that there was a strange person in his car, which was parked outside the place where the party took place’.
The argument, however, was rejected by the magistrates of the Santa Catarina Court of Justice. The rapporteur’s assessment, judge Luiz Antônio Zanini Fornerolli, is that the defendant put not only his guests at risk, but also his father-in-law and uncle, who live close to the party location.
As for the accused’s allegation about an alleged attempt to steal his car, the judge considered the narrative ‘minimally credible’, highlighting the content of the video posted on social media’.
According to Luiz Antônio Zanini Fornerolli, the recording shows that the defendant’s urge to shoot ‘is disconnected from any fear’.
The judges highlighted that the defendant ‘was smiling’ after the shot. In the Court’s assessment, the accused’s gesture indicates a ‘clear lack of concern with the fact or its consequences, unusual for those who believe they have been victims of property crimes’.
“Thus, it has been amply demonstrated that, in fact, the shootings were carried out purely and simply as part of a cultural practice that, despite being unfortunate, dangerous and completely contrary to the current legal system, is still very common in the country, especially in the interior regions. – in which individuals shoot into the air to the sound of country music (in this case, ‘Dream with you’, by Milionário and José Rico, as well pointed out by the opinion of the Public Prosecutor’s Office)”, noted rapporteur Fornerolli in his vote.
#TJSC #condemns #man #shot #card #game #sound #Milionário #José #Rico