The influencer became a defendant, on Tuesday (20), on charges of endangering the lives of at least 32 people during an expedition in January 2022, at Pico dos Marins, in Piquete, interior of São Paulo.
It accepted the complaint of the State Prosecutor and determined that the self-adenominated former Coach, candidate for the city of São Paulo in the 2024 elections, is summoned from the decision and submit a response within ten days.
In the ruling, Judge Rafaela d’Assumpção Cardoso Glioche states that there are at least four elements justifying the establishment of criminal proceedings: critical epoch for expeditions in Pico dos Marins, adverse weather conditions, rain, fog and gusts of wind, inappropriate clothes and absence of guidance guides.
Marçal has been denounced 32 times by Article 132 of the Penal Code, which provides for “exposing the life or health of others to direct and imminent danger.” The Public Prosecution Service even proposed criminal transaction, a kind of agreement that would avoid criminal proceedings, with the payment of R $ 272 thousand to a public or private entity with social destination.
The defense of the influencer says the court decision is within the regular procedural rite. It states that there is no evidence attesting to Marçal’s leadership in the expedition, which is why the agreement of criminal non -prosecution was refused. “All the testimonials collected indicates that it was a walk between friends, without any formal organization,” says the note, signed by lawyer Tassio Renam.
The defense also states that there is a conclusion report prepared by delegate Francisco Sannini, who attested to the absence of guile (intention) of any of the expedition participants, concluding that the non -indictment of those involved. The prosecutor, however, does not accept such guidance, says the note.
According to the Public Prosecution Service, with the argument that the group needed to complete the escalation to win in life. On those dates, the complaint says, the weather conditions were adverse.
At first, participants gathered at Morro do Careca and started climbing, following the influencer’s guidelines. At this point, the document states, one of the hired guides warned that it would be unfeasible to go on. In the early hours of the 4th, at 4am, one of the followers decided to ask for help and made contact via radio with the guide. At 6am, the Fire Department started the group’s search, finding 14 people, distant 1.5 km from the summit of Pico dos Marins, after two hours of walking.
The Public Prosecution Service states that participants were “with no guide, with inappropriate clothes for the crossing and soaked, partially camped outside the Marins Pico Trail, which were located by the screams, all psychologically shaken.”
Located at, the mountain is one of the largest in the state of São Paulo, 2,420 meters above sea level – the largest mountain of São Paulo is Pedra Mina, on the border with Minas Gerais. Pico dos Marins is one of the most sought after points in the country for those who practice mountaineering.
