STJ holds a decision that has acquitted the accused

by Andrea
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Ministers of the 6th Class considered that the case should serve to guide future decisions; MP-PR had filed an appeal claiming that there was an analysis of a new evidence

The (Superior Court of Justice) dismissed this Thursday (16.Set.2025) an appeal from (Public Prosecutor of Paraná) and upheld the decision that innovated Beatriz Abagge, Davi dos Santos Soares, Osvaldo Marcina and Vicente de Paula Ferreira for the death of 6 -year -old Evandro Caetano in Guaratuba (PR) in 1992.

The story gained repercussion after the GloboPlay podcast and series “The Evandro Case”which tells the criminal proceedings about the disappearance and murder of the child who became known as “the history of the Witches of Guaratuba.”

At the 1st trial, in 1998, the prosecution claimed that Beatriz and Celina Abagge-Respectively daughter and wife of the former mayor of Guaratuba, Aldo Abagge (PR)-commanded the murder of the child to perform a “Macabre Ritual”. In 2023, the (Paraná Court of Justice) acknowledged that the defendants’ confessions were invalid, as they were victims of torture by military police officers. The criminal revision innovated the accused, highlighting the possibility of compensation by the state in the civil sphere.

The decision considered cassettes discovered by journalist Ivan Mizanzuk for the Human Project Podcast, which confirmed torture sessions for the accused to confess the crime. By majority, the collegiate understood that the evidence was illicit and should be considered false.

After the criminal decision, the MP-PR filed a special appeal claiming that the TJ-PR would have analyzed a new evidence, with possible illegalities in the procedure.

However, the 6th Panel of the STJ understood that there were no misconceptions in the criminal review, since the tapes contained the broad context of a proof that was already in the process: the confession of the defendants. In less than 15 minutes, the ministers denied the appeal, notifying the (National Council of Justice) and the National Council of the Public Prosecution Service.

Minister Rogério Schietti considered that the decision should serve as a parameter for possible future cases.

Jury

The case underwent 5 trials by the Jury Court in 1998, 1999, 2004, 2005 and 2011, and had over 20,000 pages on 60 volumes of process. In 1999, the trial was considered the longest jury in Brazilian history, with 34 uninterrupted days.

In 2011, Beatriz was sentenced to 21 years in prison, while her mother, Celina, at the time over 70, had the crime prescribed and was not convicted. Beatriz presented criminal resources and, in 2016, was awarded a pardon of the then president (PT) for having a child under 18.

PODCAST

With the publication of the Podcast Human Project Season dedicated to the case, the process took new directions. The cassette tapes found by Mizanzuk were not in the case file and served as the basis for the criminal review and other actions of the Government of Paraná.

The Secretariat of Justice, Family and Labor of the Government of Paraná instituted the Working Group if Evandro: notes for the future, which guides public policies to combat police violence.

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