The Rio Court granted habeas corpus to the partners of the PCS Saleme Clinical Analysis laboratory, Matheus Sales Teixeira Bandoli Vieira and Walter Vieira. All were under preventive detention ordered by the Court. 
The laboratory, in Nova Iguaçu, Baixada Fluminense, was hired by Fundação Saúde to perform serology on organs donated in Rio de Janeiro. In October, the laboratory began to be investigated for errors in HIV tests on organs transplanted in the state.
In the decision, the judges of the 6th Criminal Chamber of the Court of Justice of Rio de Janeiro (TJRJ) judged, this Tuesday (10), partially valid the requests for habeas corpus filed by the defense of two defendants, decreeing the provisional release of the accused, through the application of precautionary measures. The measure benefited laboratory employees Ivanilson Fernandes dos Santos and Jacqueline Iris Bacellar de Assis, who were also under preventive detention ordered by the courts. .
The decision also determines that the four defendants will have to hand over their passports, appear in court five days after their release to inform their addresses and then monthly, until the 10th of each month, and whenever they are summoned by the Court. They are also prohibited from carrying out professional activities related to the clinical analysis laboratory sector, until the criminal action becomes final. Furthermore, they are prohibited from making contact with the victims, except for the purposes of a possible civil settlement in their own process.
The rapporteur of the judgment, judge Marcelo Castro Anátocles da Silva Ferreira, ordered the release of the accused and set a period of six months for the reassessment of the precautionary measures. Failure to comply with the conditions will result in the benefit being revoked.
Investigation
The PCS Saleme laboratory is being investigated for issuing reports that said two donors did not have HIV, when in fact they were positive for the virus. This led to the HIV infection of six people who received the organs. The laboratory is accused of issuing fraudulent reports that allowed the use of contaminated organs.
The state Public Prosecutor’s Office, through the 3rd Public Prosecutor’s Office and Collective Guardianship for the Defense of Citizenship of the Capital, opened a civil investigation to investigate possible irregularities in contracts between the state Health Foundation and the company Patologia Clínica Dr. Saleme Ltda.
The 1st Public Prosecutor’s Office in the metropolitan region investigates the conditions of the laboratory, while the 5th Public Prosecutor’s Office in the capital verifies the contamination of patients by the HIV virus in organ transplants and the irregularities reported in the state’s transplant program.
