Judge Cairo Ítalo França, from the 5th Criminal Chamber of the Court of Justice in Rio, ordered the release of Navy Sergeant Aurélio Alves Bezerra, accused of killing neighbor Durval Teófilo Silva, in February this year. The request was made by the defendant’s defense, alleging that he is suffering illegal embarrassment with the maintenance of preventive detention for seven months.
The case took place in São Gonçalo. In the military’s version, the victim, Durval, was approaching his house and he thought it was a burglar. So he shot at him, killing his neighbor.
According to the Justice, after what happened, Aurélio helped the victim and surrendered to the Police Station to be heard.
The judge considered that there are no objective and concrete data that legitimize the maintenance of the prison, so he decided to replace the precautionary arrest by appearing in court on the 10th of each month or when he was notified and the prohibition of changing address or moving away from the district where you reside, for more than eight days, without express judicial authorization. Aurélio is also prohibited from contacting the victim’s relatives, by any means of communication.
