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Judge Rafael Echevarria Borba, from , dissolved the Jury Court that analyzed the case of the boy’s death.
For the judge, the defense lawyers for the baby’s uncles, accused of omission, compromised the principle of complete defense.
“As I understand that the defendants are defenseless, I dissolve the plenary session,” he declared. The judge also ordered the defendants to appoint new defenders.
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“The defense only spoke for 40 minutes. It did not explain the difference in the situation between both defendants”, added the judge. “Honestly, gentlemen, I do not have, as a judge of law, to continue with this trial in this situation,” he stated.
The session took place on October 22nd. There is still no new date for the retrial of the boy’s uncles.
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Remember the case
According to the complaint from the Public Ministry of Rio Grande do Sul (MPRS), the child’s uncles were silent in the face of the attacks carried out by the boy’s father.
They were charged with homicide by omission and ill-treatment. Defendant Luís Fabiano Quinteiro Jaques, Márcio’s father, was convicted by the Alegrete Jury Court in October 2024. He received a sentence of 44 years, 10 months and 20 days in closed prison.
The Public Prosecutor’s Office initially charged the defendants with the crime of ill-treatment resulting in death. However, after a court decision, the complaint was amended, including the victim’s uncles as accused of the crime of qualified homicide increased by omission.
According to the records, the boy was attacked by his father on the night of August 13, 2020, causing serious injuries, including subdural hemorrhage and cerebral edema.
The child would have been taken to the hospital only on August 16, already in critical condition. The baby did not survive the injuries and died the next day.
