MP filed a request for the arrest of businessman Fernando Sastre de Andrade Filho, which had already been denied twice
The TJ-SP (São Paulo Court of Justice) decreed on Friday (May 3, 2024) the arrest of businessman Fernando Sastre de Andrade Filho, the driver of the Porsche that caused the death of app driver Ornaldo da Silva Viana, in April.
The decision was handed down by judge João Augusto Garcia. For the magistrate, precautionary measures decreed by the 1st Instance against the accused, such as prohibiting him from leaving the district, not approaching the victims’ family members and keeping personal data updated are not sufficient for the case.
“The active effect must be attributed, in order to, consequently, decree the preventive measure, taking care of public order, also aiming to avoid the repetition of the crime and guarantee regular criminal investigation”the judge decided.
Earlier, the MPSP (Public Ministry of São Paulo) filed an appeal in which it once again requested the arrest of the businessman, which was rejected twice by the courts.
Prosecutor Monique Ratton filed an unnamed precautionary measure asking the Court to accept the appeal filed against the decision that denied the preventive detention of the Porsche driver. For her, in addition to the case meeting the requirements for preventive detention, “there is an act of influence on the part of the accused in the testimony of witnesses, ascertained after the recordings of police images were made available”.
The prosecutor indicted Sastre on April 29 for qualified intentional homicide (penalty of 12 to 30 years in prison) and very serious bodily injury (which can increase the total sentence by one-sixth), both in the form of possible intent.
The accident occurred on March 31, on Avenida Salim Farah Maluf, in the east zone of São Paulo. According to investigations, the car was traveling at high speed before crashing into Ornaldo’s Renault Sandero.
