The two are accused of the death of Henry Borel, Monique’s son and Jairinho’s stepson. The child died in 2021 with signs of aggression, and investigations point out that the stepfather is guilty, and that the mother was silent.
Monique was released on Monday (29) after a decision by Minister João Otávio de Noronha, of the STJ, who three days earlier had revoked the preventive detention.
Among the reasons that would make Jairinho eligible for the revocation of his arrest, the defense says:
- that the Minister João Otávio de Noronha at no time stated that Monique Medeiros had a different situation from Jairinho, and that both are in similar, equal situations and factual commitments and responsibilities, both co-defendants;
- that Jairinho was also the target of illegal constraint already noted in the decree, with the extension of the effects of the preliminary injunction handed down, since the elements contained in the preliminary injunction are of an objective nature (applicable to both defendants) and that must also generate the granting of the order for the applicant;
- with regard to the applicant’s particularities, those personal conditions of the defendant that are really different from the defendant Monique, points to a person with solid family ties, financially and emotionally responsible for two minor children, father of an adult child.
Monique Medeiros, mother of Henry Borel, leaves the jail in the West Zone of Rio
MP and prosecutor’s assistant appealed against Monique
In addition to analyzing the habeas corpus of Dr. Jairinho, the Superior Court of Justice will still have to analyze two appeals against the decision that released Monique Medeiros.
One was proposed by public ministryand another by Leniel Borel, father of the boy Henry, who appears in the process as assistant to the prosecution.
Both ask that the Monique’s preventive detention is reinstated, since the reasons that validated it are still present.
In the document prepared by Leniel and his lawyer, the appeal also states that, in the absence of retraction, the rapporteur – which was the responsibility of Minister João Otávio de Noronha -, submits the fact to the appreciation of the court, giving up the so-called monocratic decision, of voting single, and counts on the vote of the other ministers of this court.
In another excerpt, Henry’s father tries to show that the understanding of the illegal constraint that made Monique’s freedom possible does not hold up throughout the investigation.
“Despite the understanding of the noble rapporteur minister, the requirements of the patient’s precautionary custody are contemporary and are present at the origin, being certain that the well-founded evidence that attests to the alleged are robust, in order to authorize the maintenance of preventive detention of Monique”, he says.
- VIDEOS: Death of the boy Henry Borel
- Understand why Monique was released and what happens
Arguments similar to those of the MP
The 84-page document also recalls situations identified during the investigative process and that would justify preventive detention to maintain order are still present, such as the finding of coercion of witnesses and the possible compromise of new hearings of witnesses.
Similar arguments were used in the appeal of the Fluminense Public Ministry, which also talks about influence over witnesses to be heard in court.
Henry Borel between his stepfather, Jairinho, and his mother, Monique: both are accused of the boy’s death – Photo: Reproduction
Understand why Monique was released
Monique Medeiros was at the Santo Expedito Penal Institute, in Bangu, in the West Zone of Rio. She will continue to respond in freedom. G1 organized points of the case that show how this was possible and what happens from now on (see below).
How long had Monique been in prison?
Monique Medeiros was preventively arrested during the investigations into Henry’s death, and remained so until April 5, 2022, when a decision by the 2nd Criminal Court of Rio allowed her to serve house arrest with the use of an electronic anklet.
Monique Medeiros leaves Bangu — Photo: Reproduction/TV Globo
The Public Ministry appealed the decision to the 7th Criminal Chamber of the Court of Justice of Rio de Janeirowhich ordered Monique back to prison – which happened on June 29.
How was the decision that freed you?
The return of Monique Medeiros to prison generated protest on the part of her defense, which understood that she did not violate any rule of the precautionary measure that kept her at home. The MP, on the other hand, pointed out that she had access to social networks, which was prohibited.
Monique Medeiros’ defense filed two habeas corpus in higher instances of the 7th Criminal Chamber of Rio de Janeiro: one in the STF and the other in the STJ.
Monique Medeiros, mother of the boy Henry Borel, leaves jail in Rio — Photo: Gabriel Bastos Mello/Estadão Content
The STF document was analyzed by Minister Gilmar Mendes on August 23 and denied on the grounds that there was no violation of constitutional law.
The STJ’s habeas corpus was analyzed on August 26 by Justice João Otávio de Noronha, who did not examine the request for an alleged violation of federal law that the document alleged in itself, but the case as a whole.
The minister understood that there was a illegal embarrassment in relation to Monique, as the justifications given by the 7th Criminal Chamber of the Court of Justice of Rio to suspend her house arrest were not properly substantiated and counter-argued.
Thus, Minister Noronha understood that the analysis of the habeas corpus proposed by Monique’s defense would not fit, but that the STJ would be able to correct this constraint by revoking her arrest and releasing her.
As the revocation of the arrest was made by the STJ, a higher instance of the Public Ministry is the one who has to appeal, which was done on Tuesday.
Will Monique still stand trial?
Even if she doesn’t go back to prison, Monique Medeiros is still responding to a triple-qualified murder case by Henry Borel, along with former councilor Jairinho. The case is in the final phase of the instruction and trial hearings, in which all parties have to present the so-called closing arguments.
The Public Ministry has already expressed its support for Monique and Jairinho to be tried by a popular jury.
Assistant Prosecutor Leniel Borel will be the next to speak on the case and must also ask for the popular jury.
The defenses of Monique Medeiros and Jairinho give their opinion in the sequence, for only then the judge Elizabeth Machado Louro give the decision on whether or not to judge the ex-couple. The penalty for triply qualified murder can reach 30 years in prison.