Defense wanted to postpone trial; lawyers tried to access data from a notebook seized in the investigation
Judge Joaquim Domingos de Almeida Neto, from the 7th Criminal Chamber of the Rio de Janeiro Court of Justice, denied the defense request of Jairo Souza Santos Júnior, former councilor Jairinho, to suspend the jury in the Henry Borel case. Read the decision (PDF — 230 kB).
The trial is still scheduled for May 25. Jairinho is a defendant in the case over the death of 4-year-old boy Henry Borel, in March 2021, in Rio de Janeiro.
WHAT JAIRINHO’S DEFENSE SAYS
The defense presented habeas corpus to try to postpone the trial and obtain access to the hard drive of a Dell notebook seized in the process. The lawyers claimed that a hired expert could try to extract data from the equipment and that the measure would be necessary to guarantee the full defense in the Jury Court.
In the request, the defense stated that the lower court denied access to the material on the grounds that it would not be possible to fully extract the content due to the deterioration of the equipment. The lawyers maintained that a private technical opinion would indicate the possibility of a new attempt to extract the data.
When analyzing the case, the rapporteur stated that, in a preliminary assessment, there was no evident illegality or urgency that would justify suspending the jury. He also said that the first instance decision did not seem “teratologic”that is, absurd or manifestly illegal.
The rapporteur ordered the court of origin to be officiated and opened the door to the Attorney General’s Office to issue an opinion.
UNDERSTAND THE CASE
Henry Borel died on March 8, 2021, at age 4. At the time, he lived with his mother, Monique Medeiros, and with Jairinho, then a councilor in Rio de Janeiro.
Jairinho and Monique became defendants in this case. In the habeas corpus analyzed now, Monique appears as corré. Jairinho’s defense tried to postpone the jury session to carry out a new technical analysis on material seized in the process.
Henry’s death also led Congress to discuss changes in legislation to expand protection for children and adolescents. In 2022, the Senate with protective measures for victims of domestic and family violence and provision for increased penalties for crimes against children and adolescents. The text returned to the Chamber of Deputies after changes made by senators.
The case also had new developments in the Supreme Court. In April, the Attorney General’s Office asked the STF from Monique Medeiros to prison. The statement was sent to Minister Gilmar Mendes after the Rio Court relaxed the defendant’s arrest.
According to the PGR, the postponement of the trial resulted from acts of the defense itself, such as the abandonment of the plenary session by Jairinho’s lawyers, and would not justify Monique’s release.
For lawyers, taking the defendant to trial without this diligence would compromise the adversarial process and the completeness of the defense. The rapporteur, however, understood that there were not sufficient grounds to suspend the jury in a preliminary decision.
