Minister Gilmar Mendes, of the Federal Supreme Court (STF), summarily denied a request by the defense of Iverson de Souza Araújo, DJ Ivis, to release him. Accused of assaulting and threatening his wife, Pamella Holanda, he has been in pre-trial detention since July.
Habeas corpus was taken to the STF after the Ceará Court of Justice and federal judge Olindo Menezes, temporarily summoned to fill the vacancy with the retirement of Minister Nefi Cordeiro at the Superior Court of Justice (STJ), rejected the arrest.
In the decision that was made public this Friday, 3, Gilmar Mendes said he could not analyze the merits of the request, because the DJ’s defense still had the alternative of appealing to the STJ itself to try to reverse the individual decision that maintained the prison. According to jurisprudence, the suppression of instances to review a detention is only allowed when there is “flagrant illegality” in its maintenance, which the minister said he did not verify in the case.
“I record that the patient did not appeal the decision rendered, which is why the merits of the controversy were not appreciated by the collegiate of the Superior Court of Justice. Thus, the assessment by this Court would result in suppression of instance”, he wrote. “It is quite true that, in cases of manifest and serious illegality, such understandings can be made more flexible, including through the granting of the official order, which is not the case in the case records,” he added.
Gilmar Mendes also noted the need to offer protection to victims of domestic violence.
“It is quite true that we are facing a psychosocial problem rather than a legal one: the feeling of ownership that affects most men, in addition to the idea that women are in a subordinate position, from which they feel free to do the who want with their wives, will never be suppressed only by the Law, which is only responsible for punishing the fact that has already occurred”, he wrote. “There is an urgent need to deal with and treat the odious problem so that the solution does not lie only in correcting what has already been practiced, but in the full protection of women, so that they can be sure that they will never be attacked.”
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source https://pledgetimes.com/gilmar-defends-comprehensive-protection-for-women-and-denies-the-preventive-repeal-of-dj-ivis-istoe-dinheiro/
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