The Sixth Panel of the Superior Court of Justice (STJ) ruled on Tuesday (2), by 3 votes to 2, to annul the conviction to 61 years in prison of architect Adriana Villela by the Jury Court, in the case that was known as “crime of 113 south” in Brasilia. 
The crime occurred in 2009, when the lawyer and former minister of the Superior Electoral Court (TSE) José Guilherme Villela, his wife, Maria Carvalho Villela, and the family maid, Francisca Nascimento da Silva, were stabbed to death in the apartment where they lived on court 113 of the South Wing, Brasilia neighborhood.
After the investigation, Adriana Villela, daughter of the couple, was accused of being the mastermind of the crime. According to the lawsuit, the executors were a former portfolio of the building, his nephew and another partner. The motivation would be money.
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Judgment
In the STJ, the understanding of Minister Sebastião Reis Júnior prevailed. For him, There was curtailment of defense for the lack of access of the lawyer to statements collected by the police and who imputed Adriana the authorship of the murder.
Such testimonials were presented only on the day of judgment of the case and, therefore, prevented proper defense preparation, decided the majority. In addition to Kings Júnior, Minister Antonio Saldanha Palheiro and the summoned judge Otávio de Almeida Toledo voted.
“The extrajudicial testimonials of the corridors were decisive to justify the authorship of the crime,” said Reis Júnior, that voted in August.
Those of Ministers Rogério Schietti, rapporteur, and Og Fernandes, who voted on Tuesday. For him, the defense did not complain in a timely manner about access to testimonials, and even used excerpts from these same statements during the trial in the jury podium. For this reason, such nullity would be precluded, that is, it could no longer be raised.
Conviction
Adriana Villela was convicted by the Jury Court in 2019when it received a sentence of 67 years and 6 months in prison for triple homicide. In 2022, the penalty was reduced by the second instance to 61 years and 3 months. Now the case returns to the initial judgment phase.
With the decision, the sixth class gave reason to the defense, which in addition to curtailment pointed to the decision of the jury as being contrary to the proof of the case. The prosecutor was defeated, which held the sovereignty of the jury’s decisions and called for the immediate arrest of Adriana Villela, based on the Supreme’s understanding of serving penalty in these cases.
