Ministers unanimously denied habeas corpus request for temporal extension of preventive detention
The 5th Class of (Superior Court of Justice) unanimously maintained the preventive detention of businessman Fernando Sastre de Andrade Filho, driver of the Porsche that caused the death of app driver Ornaldo da Silva Viana. The crime took place on March 31, 2024, in São Paulo.
Sastre has been in prison since May 6 last year and is still awaiting trial. His defense had presented a have a body that is, a request for his release. In the oral argument held this Tuesday (November 11, 2025), lawyer Elizeu Soares de Camargo Neto stated that this was a case “regrettable” and said that the defendant “must be held responsible for their actions.”but “it doesn’t make sense anymore” keep the businessman imprisoned for so long.
Camargo argued that the arrest warrant was issued by the TJSP (Court of Justice of the State of São Paulo) in a “extremely fast”, and that he found out through the press that he had been when he was not found in his apartment on the day of the determination. According to the defense, Sastre voluntarily presented himself to serve preventive detention after the lawyers “become aware” about the warrant.
habeas corpus denied
The case’s rapporteur, minister Maria Marluce Caldas Bezerra, dismissed the habeas corpus claim. She recalled the previous trial conducted by the same STJ group in May 2024. At the time, the ministers also .
Bezerra cited previously concluded arguments, such as the risk to criminal prosecution presented by the businessman’s conduct immediately after the accident. The man would have spoken to one of the witnesses of the incident, leading to the creation of contradictory versions of what happened.
The rapporteur also recalled the excessive speed when driving the vehicle, which was 3 times above the permitted limit. The defendant had several previous speeding violations and tickets to his name, and audiovisual records suggested that alcohol had been consumed on the night of the accident.
“The material elements and the conduct verified indicate the need to ensure the regularity of the procedural instruction. The decision that decreed preventive detention was based on concrete circumstances, highlighting the patient’s repeated behavior contrary to the unimpeded exercise of the investigative function”, stated the minister.
She also refuted one of the arguments brought up by the defense: she said that the defendant presented himself for pre-trial detention only after the warrant was issued and his lawyer was notified, which resulted in a period of around three days on the run. In his understanding, given the insufficiency of precautionary measures, there is no reason to reformulate the request for preventive detention.
Ministers accompany rapporteur
Bezerra was accompanied by the president of the court, Reynaldo Soares da Fonseca, and by ministers Marcelo Ribeiro Dantas and Messod Azulay Neto.
Fonseca spoke before casting his vote. He stated that he considers the time taken to process the case and maintain preventive detention “within the limits of reasonableness” as it involved the investigation and investigation of a crime of homicide. He also cited the failure to comply with previous precautionary measures.
The president of the Class said he regretted “deeply” unable to respond to the request, as he always defends the reevaluation of the precautionary detention after the evidence in the case is collected. “However, in the present context, based on the concrete elements in the case, I fully support the rapporteur’s vote”he declared.
REMEMBER THE CASE
The accident occurred on March 31, 2024, on Avenida Salim Farah Maluf, in the east zone of São Paulo. According to investigations, the car was speeding before hitting Ornaldo’s vehicle, at almost 115 km per hour. Moments before the collision, the speed was 156.4 km/h.
The driver of the Porsche was charged with intentional homicide, with a prison sentence that can vary between 12 and 30 years, in addition to very serious bodily injury, which can increase the total sentence by up to ⅙.
