The decision responds to a request from the PGR, after the child’s father, Leniel Borel, questioned the decision to release the defendant by postponing the trial
The minister Gilmar Mendes, of the Federal Supreme Court (STF), decided this Friday (17) reestablish the preventive detention of Monique Medeiros. She is accused, along with Jairo dos Santos Júnior, Dr. Jairinho, of being responsible for the death of the boy Henry Borel, in 2021.
The decision responds to a request from the Attorney General’s Office (PGR), after the child’s father, Leniel Borel, questioned the decision of the 2nd Criminal Court of Rio de Janeiro that The Second Panel of the STF unanimously voted in favor of the arrest.
Gilmar argued that the excessive prison term happened only because Jairinho’s defense did not come forward at trial. “When the delay in the procedural progress results from acts of the defense itself or incidents caused by it, the configuration of illegal constraint remains excluded”, stated minister Gilmar Mendes.
The decision to release Monique was made by judge Elizabeth Machado Louro, of the Rio de Janeiro Court of Justice (TJRJ). “I understand that, given such a procedural framework, the defendant’s custody now appears manifestly illegal due to a clearly unreasonable excess of time in prison, which is why I relax Monique Medeiros’ prison sentence,” stated the judge in March.
A Jairinho’s defense argued that he did not have access to all the evidence in the case and asked for the trial to be postponed. With the judge’s refusal, the lawyers abandoned the jury, which led to the postponement.
According to the lawyers of the former Rio councilor, the defense did not have access to the full content extracted from a notebook belonging to Henry’s father. Given the conduct of the lawyers, the judge ordered the suspension of the session and rescheduled the trial for June 22nd.
“It is conduct that violates the principles that guide trial sessions, in addition to the rights of the accused and the victim’s family (…) I declare the conduct of the aforementioned patrons to be an act that violates the dignity of Justice. I condemn the five lawyers present at this session to compensation for the losses caused by the postponement”, declared the judge.
Understand the case
Henry died in the apartment where he lived with his mother, Monique Medeiros and stepfather, Dr. Jaririnhoin Barra da Tijuca, southwest zone of Rio. The boy was even taken to a private hospital in Barra da Tijuca, where the couple claimed that the child had suffered a domestic accident.
However, the autopsy report from the Medical-Legal Institute (IML) indicated that Henry suffered 23 violent injuries, including liver laceration and internal bleeding.
Civil Police investigations concluded that Henry was the victim of torture routines practiced by his stepfather and his mother was aware of the attacks.
The defendants were arrested in April 2021 and charged by the Public Ministry of Rio de Janeiro (MPRJ). Jairinho is responsible for qualified homicide and Monique for homicide due to failure to provide assistance.
The complaint points out that on the day of the crime, Jairo Santos Júnior, with free will and consciously, through forceful action against the victim, caused him bodily injuries that were the sole cause of his deathwith the mother, Monique Medeiros, legal guarantor of the victim, omitting her responsibility, effectively contributing to the crime of murder of her son.
According to the MPRJ, on three other occasions, in February 2021, Jairinho subjected Henry Borel to physical and mental suffering using violence.
*With information from Estadão Conteúdo and Agência Brasil
