STJ authorizes Marielle’s family to access crime investigation

The Superior Court of Justice (STJ) authorized this Tuesday (18) the relatives of Marielle Franco to have access to the evidence of the investigation that investigates the orders of the murder of the councilor of Rio de Janeiro and the driver Anderson Gomes. The decision was motivated by an appeal filed by Marielle’s family against a decision by the Court of Justice of Rio de Janeiro (TJRJ) that prevented access. The case is accompanied by the defense of Mônica Benício and Marinete da Silva, Marielle’s widow and mother, and Agatha Arnaus, Anderson’s widow. The Rio de Janeiro court understood that, as assistant to the prosecution, the family’s lawyers can only have access to investigations after receiving the complaint, that is, only when a criminal action is opened. The case is currently at the investigation stage. In the manifestation made in the collegiate tribune, the lawyer Luciana Pivatto, representative of the families, said that the judgment is crucial for knowing who killed the councilwoman and the driver. For the defender, access to evidence cannot be rejected by Justice. “There is no way to suggest that access by family members would pose a risk to the investigations. The petitioners, as the victims’ relatives, are the most interested in preserving secrecy, in the efficient conduct of investigations, as they wish and have dedicated their lives to achieving justice for Marielle and Anderson,” he said. Rapporteur When analyzing the appeal, Minister Rogério Schietti, rapporteur of the petition, understood that the family has the right to access the evidence already documented. “The victim’s right of access to what is contained in the police investigation flows directly from the republican principle. It is an essential measure for the offended party to guarantee the right to truth, memory, justice and due reparation”, he argued. Schietti also stated that Marielle’s murder was committed for acting in favor of communities. “This double murder was committed not only because it was about human rights, but also because it was an agenda led by a woman from the periphery, black and bisexual. Ingredients that, in a patriarchal, misogynistic, racist and prejudiced culture, enhance the reaction of those who felt uncomfortable, either by the complaints made in the exercise of the parliamentary mandate, or by the attitude of a woman who, representing minorities, confronted militiamen and police officers involved in the repeated and permanent violation of the rights of the people who live in the communities of Rio de Janeiro “, he stated. The vote was followed unanimously by the Sixth Panel. Execution of the crime In another process under the investigation, retired military police officer Ronnie Lessa must be taken to a popular jury. He is accused of being one of the executioners of the murders. On March 14, 2018, Marielle Franco and Anderson Gomes were shot inside the car they were driving in the central region of Rio de Janeiro.

Agência Brasil