The defense of actor Juan Darthés, who is being tried in Brazil for a rape complaint made by actress Thelma Fardin, announced Thursday that he will appeal to the higher courts the ruling of a court of second instance that confirmed the jurisdiction of federal judge Ali Mazloum, from the city of São Paulo.
“We are going to appeal to the superior courts of Brasilia,” told Télam one of the lawyers who carry out the defense of Darthés in Brazil, Euro Bento Maciel.
According to the lawyer, an appeal will be made before the Superior Court of Justice (STJ, third instance) after the fifth chamber of the São Paulo Court of Appeals accepted an appeal from the prosecution and Fardin’s defense not to delay any longer. the case and leave the jurisdiction in the hands of federal justice.
“The same court that had accepted an appeal from the defense for the case to pass from federal justice to state (common) justice, in a surprising, unusual and absurd way backed down with its decision,” complained attorney Maciel.
In this framework, the lawyer refused to specify whether the trial will be resumed immediately.
The Fifth Chamber of the Federal Regional Court 3 of São Paulo rejected the appeals called “seizures of statement” made by Darthés’ defense, and therefore kept the case in the hands of Mazloum, who last November had started hearings with a round of witnesses. , which stopped in February.
Darthés, whose real name is Juan Pacífico Dabul, is Brazilian by birth and settled in his country with his wife and children after being denounced for rape in Argentina, where he made his artistic career.
Fardin had posted on his Instagram account on May 13 last that the delays in the hearings of the abuse trial, which he is carrying out against Juan Darthés in the Federal Courts of Brazil, “put the statute of limitations of the crime at stake.”
ten days later, The actress’s lawyers announced that they will denounce the delays in the trial before the UN “because of the omission to restore Fardin’s guarantees.”
The process began in December 2018 when Fardin filed a complaint in Nicaragua for aggravated sexual abuse against Darthés, for an act committed in 2009 during a tour of the Argentine novel Patito Feo, when both were part of the cast and she was 16 years old.
In mid-2019, Nicaragua required the opening of criminal proceedings against the actor for considering him the direct author of the crime of aggravated rape. Then, the case was accepted by the Federal Public Ministry (prosecutor’s office) of São Paulo.
The judicial process, in which three countries participated -Argentina, Brazil and Nicaragua-, had 11 witnesses, that Judge Mazloum declared virtually, who interrupted the oral debate last February before a statement made by the defense.