Brazil’s Supreme Court Ruling Not Applicable to Murderers, Pedophiles or Rapists

RIO DE JANEIRO, BRAZIL – On Friday, November 8th, the Court ruled that awaiting the final and unappealable outcome of a criminal proceeding is required in order to decide whether or not to impose a sentence.

Notwithstanding, pedophiles, rapists and other prisoners for major crimes, such as Alexandre Nardoni, Suzane von Richthofen and goalkeeper Bruno, will not be impacted by the Supreme Court (STF) decision that outlawed provisional enforcement of a sentence of imprisonment after a conviction was upheld by an appellate court.

The Supreme Court’s ruling does not apply to those criminals who have been remanded in custody, for preventive detention, as is the case with individuals who are considered dangerous, who may escape or disrupt the legal proceedings, for instance.

This was precisely the case of Nardoni, Richthofen, goalkeeper Bruno, and former deputy Eduardo Cunha, who were taken into preventive detention and, as a result, were not able to file their appeals while free.

João Paulo Martinelli, a criminal lawyer, and professor of criminal law, says that suspects charged with rape and pedophilia, for being considered dangerous, generally have preventive detention decreed during the proceeding.

Preventive detention, he explains, “is imprisonment of those who have not yet been convicted, but the courts understand that suspects must remain in custody during the proceedings because they may destroy evidence, they may flee, or they may threaten witnesses”.

“The decision of the STF affects only those who did not have preventive detention decreed, and began to serve their sentence before the decision becomes final,” he says.

“The STF has prohibited the early sentencing, but pretrial detention [still] applies. If the suspect is considered dangerous and his conviction was been affirmed on appeal, he must remain imprisoned,” he says.