Public Prosecutor’s Office asks Porsche driver to compensate victim’s family with R$5 million

The Public Ministry of São Paulo (MP-SP) gave seems favorable for the Court to force Fernando Sastre Filho, aged 24, to compensate the family of app driver Ornaldo Viana in R$5 million. Driver of the Porsche involved in the accident that resulted in Viana’s death, Sastre Filho has been in prison since last Monday, the 6th, when he handed himself in to the Civil Police after being on the run for three days.

The compensation of R$5 million to the app driver’s family would be for moral damages, according to an opinion issued by prosecutor Fernando Bolque. The Public Ministry’s statement also provides for the payment of a provisional pension of three minimum wages to Ornaldo’s family.

Last Tuesday, the 7th, the Superior Court of Justice (STJ) confirmed the arrest of Sastre Filho and denied the request for provisional release made by the businessman’s defense. In the decision, the case’s rapporteur, minister Daniela Teixeira, stated that there was no illegality in the arrest. She was accompanied by the other two ministers who voted on the case.

For Daniela, Sastre Filho’s conduct after the accident brought ‘perplexity’ and led the accused to prison. “What leads to the arrest and what leads to the perplexity of the judge, and also mine and our prosecutor, is the attitude of the patient defendant here, after the accident”, stated the minister.

“The seriousness of his conduct after the accident. What he did after crashing the car, and what he did so that it wouldn’t be discovered what he did before crashing the car. These are attitudes that are condemned by our criminal procedural system. which lead to the decision to segregate the patient, led the judge and lead me to maintain the judge’s decision”, explained the rapporteur.

Porsche driver arrested

The STJ’s decision also allowed Sastre Filho to be taken to serve his sentence in the Tremembé penitentiary complex, known as ‘Presídio das Estrelas’, as it houses inmates in cases of national notoriety.

Before being sent to the Tremembé Penitentiary, Sastre Filho, who was indicted for intentional homicide, bodily harm and fleeing the scene of an accident, was provisionally detained at the 5th Sectional Police Station, in the east zone of the capital of São Paulo, according to the Public Security Secretariat ( SSP) from São Paulo.

The court ordered the businessman’s preventive detention last Friday, 3rd, following an appeal from the São Paulo Public Ministry (MPSP). Previously, three arrest requests against him had been denied in the first instance.

According to judge João Augusto Garcia, preventive detention aims to “protect public order, given the risk of repetition of conduct, and guarantee regular criminal investigation”.

On Saturday, the 4th, police went to Sastre’s house and did not find him. According to information from the Public Security Secretariat, agents from the 30th Police Station carried out investigations at the businessman’s apartment, in Vila Regente Feijó, in São Paulo, to comply with the arrest warrant issued by the Court. “After searching the residence, the suspect was not located. The efforts continue to seek his location and capture”, adds the ministry, in a note.

Apology

On Sunday, the 5th, an interview with Sastre Filho was shown on Fantastic, from TV Globo, recorded shortly before his arrest was ordered. On the program, the businessman apologized to Ornaldo Viana’s family.

“I thought about that [em algo para dizer para a família], I imagined it as if it were with my father, there is nothing I can do or say that will bring him back. The only thing would be a sincere apology, from the heart,” he said.