It turns out that, in the case at hand, the police authority did not even mention the need for the arrest for which it represented, limiting itself to supporting the seriousness of the facts and the public outcry for Justice. The representative did not explain why the precautionary measure would be necessary for the investigations, nor did she mention that the accused did not have a fixed residence or did not clarify his identity. In fact, the qualification of the accused is exposed in the records.
Fernanda Helena Benevides Dias, judge
The judge also cited the fact that the driver had spontaneously gone to the police station. Andrade Filho He reported himself to the police almost 40 hours after fleeing the scene of the accident. “[Andrade Filho] He made himself available for the necessary clarifications, and nothing concrete was brought to indicate that he would be putting the aforementioned evidence at risk”, said Fernanda Helena.
The existence or not of evidence of intent ‘requires further investigation’, the judge understood. Andrade Filho was charged with intentional homicide (when there is intent to kill). For the deputy, he used the car as a weapon. He must also respond for fleeing the scene of the accident and bodily harm, the latter due to the injuries suffered by the passenger who was with him in the Porsche. Initially, the case had been registered as culpable homicide (when there is no intention to kill).
The fact of fleeing the scene of the accident undoubtedly makes the facts more serious (…), but it is not enough to, at this premature moment in the investigations, attest to the existence of signs of intent.
Fernanda Helena Benevides Dias, judge
What is known about the case
The accident happened in the early hours of Sunday (31) on Avenida Salim Farah Maluf. Witnesses told the police that Andrade Filho overtook at high speed, lost control and collided with the back of a Sandero.
