The Public Ministry of Rio de Janeiro (MPRJ) asked the judgment of the 5th Criminal Court of São Gonçalo to decline its competence to analyze the case of the murder of worker Durval Teófilo Filho. The prosecution asks that the process be conducted by the 4th Criminal Court, so that a Jury Court is installed.
Durval, 38, was shot dead by his neighbor, Navy Sergeant Aurélio Alves Bezerra, 41. The images were recorded by the cameras of the security system of the condominium where they lived in São Gonçalo, in the metropolitan region of Rio de Janeiro.
The crime took place on the night of last Wednesday (2), when the victim arrived at his residence and looked for the house key in his backpack. The soldier, who was inside his car, shot three times. He claimed that the worker was approaching quickly and believed he was a burglar. Aurélio came to help Durval and take him to the Alberto Torres State Hospital, but the victim could not resist. The soldier received a voice of prison in the health unit.
Last Friday (4), Judge Ariadne Villela Lopes, from the 5th Criminal Court of São Gonçalo, answered a first request from the MPRJ to change the accusation made by the Civil Police, which charged the sergeant with the crime of manslaughter, when not there is intent to kill. With the change, he became charged with intentional murder, when there is intent.
“[A decisão] does not violate the principles of contradictory and full defense, considering that the accused or accused in the criminal process defends himself from the facts and not from the legal capitulation imputed to them”, wrote the magistrate after the custody hearing. At the time, she also converted Aurélio’s arrest into preventive detention.
The new MPRJ request must still be considered by the judge. In the Jury Court, the case is decided by previously enlisted and sworn citizens. Only intentional crimes against life can be tried in this way.
Racism
Durval left his wife Luziane Teófilo and a 6-year-old daughter. His body was buried on Saturday (5) at São Miguel Cemetery, in São Gonçalo, accompanied by hundreds of people. Family and friends protested and claimed there was racism behind the crime. Posters reading “Black Lives Matter” were taken.
Today (7th), family members were received at the Legislative Assembly of Rio de Janeiro (Alerj) by the committees for the Defense of Human Rights and Citizenship and for Combating Discrimination and Prejudice of Race, Color, Ethnicity, Religion and National Origin. “My daughter lost her father and every day she asks about him. I say that her mother will leave the house to do justice. Racism is becoming routine,” said Luziane.
