The injunction requested by the defense of former councilor Jairo Souza dos Santos Júnior, Dr. Jairinho, to suspend the interrogation hearing scheduled for tomorrow (13) was denied by the judge Joaquim Domingos de Almeida Neto, of the 7th Criminal Chamber of the Court of Justice of Rio de Janeiro (TJRJ).
The former councilor is accused of the death of the boy Henry Borel, on March 8, 2021, as is the boy’s mother, teacher Monique Medeiros da Costa e Silva. The child was tortured in the apartment where the couple and Henry lived in Barra da Tijuca, west of Rio.
In the request, Jairinho’s lawyers alleged that the defense was curtailed as a result of the decision of the 2nd Criminal Court of the Capital to reject the request to hear three doctors who assisted the boy Henry Borel at the Barra D’Or Hospital; a radiologist from the same hospital unit; the technicians who performed the autopsy examination performed on the victim; and forensic expert Gabriela Graça Suares Pinto. In the defense’s understanding, only after hearing these people should a new date for Jairinho’s testimony be set.
In Friday’s decision (10), the judge maintained the defendant’s interrogation, which will be at 9 am tomorrow (13). The magistrate stated that the three doctors and the radiologist have already given testimony and that the other witnesses were not requested at the appropriate time.
The magistrate added that the right to ample defense does not guarantee the granting of delaying actions in the process.
“Assuring fullness of defense cannot lead to the absurdity of perpetuating the process, digging into nothingness every time the process comes close to its unraveling, asking for the production of new evidence. In this vein, I deny the preliminary injunction”, he concluded.