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Freedom denied

Gilmar keeps Porsche driver arrested after causing death in accident

Decision was based on driving under the influence of alcohol and at high speed, in addition to a history of infractions.

From the Editors

 

Friday, January 31, 2025

 

Updated at 10:09

 

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STF minister Gilmar Mendes denied a habeas corpus request to businessman Fernando Sastre de Andrade Filho , a driver who caused an accident on March 31, in Tatuapé/SP, while driving a Porsche at high speed.

 

The decision was made by Minister Gilmar Mendes, who assessed that preventive detention is not illegal and is justified given the risk to public order.

 

 

 

STF maintains preventive detention of accused of causing fatal traffic accident in SP. 

The case

 

Fernando is being investigated for qualified intentional homicide and serious bodily harm, after causing an accident on March 31 in Tatuapé/SP while driving a Porsche at high speed.

 

According to the experts, the driver of the luxury car was on a 50km/h road, but was traveling at around 156.4 km/h when he hit the back of Ornaldo's car, a Renault Sandero.

 

The accident caused the death of a 52-year-old man, Ornaldo Viana, a ride-sharing driver, and injured another, Marcus Rocha, who was reportedly a friend of the driver and was in the passenger seat of the Porsche.

 

Now,  the defense argued that Fernando is a first-time offender, has a fixed address and was complying with precautionary measures, such as a driving ban and the payment of bail of R$500,000.

 

He also claimed that the arrest was motivated by media coverage and that there is no evidence that he would try to interfere in the investigation.

 

HC denied

 

The rapporteur of the case, Minister Gilmar Mendes,  found that the driver was missing for three days after the accident and that he had regained his right to drive (suspended for a serious traffic violation) 12 days earlier.

 

It also found that Fernando's driving record was compromising.

 

The modus operandi of the crime, committed in a vehicle at high speed and under the influence of alcohol, combined with the driver's record and the patient's displays of cunning immediately after the crime, reveals that there is no manifest illegality to warrant the granting of the order ex officio, which is why it is unfeasible to replace preventive detention with other measures.

 

Case :  HC 250.216

 

 link: https://www.migalhas.com.br/quentes/423812/gilmar-mantem-preso-motorista-de-porsche-que-causou-morte-em-acidente