A soldier of the São Paulo Military Police was arrested in the act on Wednesday (18), inside the Military Police Hospital, in the neighborhood of Tucuruvi, north of the state capital.
The reason for the detention: to have referred to the medical captain who attended him as “you”, which was framed as a crime of disrespect to the superior, according to article 160 of the Military Penal Code.
Soldier Lucas Neto sought medical attention after suffering a shift in his shoulder and, according to his defense, was not on duty – so he was not hierarchically subordinate to the captain during care. Still, he was taken to the Military Prison Romão Gomes after receiving a prison voice from the officer.
Tension during service: recording, barred lawyer and cross -accusations
According to lawyer Fernanda Borges de Aquino, who accompanied Lucas, the police decided to record the service after the professional was prevented from registering the procedure on video or audio.
The initiative would have bothered the doctor, identified as Captain Marcelo Cavalcante Costa, who ordered the interruption of the recording. After the soldier questioned the order and calling him “you”, the disagreement that led to prison would have occurred.
Subsequently, the defense called lawyer Mauro Ribas Júnior, who attended the hospital, listened to the audios recorded by Lucas and gave the captain’s imprisonment, for slanderous denunciation, and two lieutenants, for false testimony. The officers would have corroborated the captain’s version of the alleged insubordination.
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PM was released after custody hearing; If you are in the Corregedoria
The São Paulo Military Police confirmed the arrest in an official statement, stating that the policeman was arrested for violation of the Military Penal Code, article 160, which provides for a penalty of three months to one year of detention for disrespecting higher “before another military”, if the act does not constitute a more serious crime. Also according to the corporation, a Military Police Inquiry (IPM) was established to investigate the circumstances.
On the morning of Thursday (19), Lucas Neto was released after a custody hearing, but the case continues to investigate the Military Police Internal Affairs.
Defense lawyer was expelled from the PM and reversed conviction
Lawyer Mauro Ribas Júnior, who now acts in police defense, is former PM and was expelled from the corporation after being sentenced to 33 years in prison for the murder of two people in 2010. Years later, he was able to reverse the conviction in court but did not return to the PM. Since then, it has become known for acting in cases of criminally processed or investigated military personnel.
