Post by account_disabled on Mar 14, 2024 4:03:33 GMT
Judge Patrícia Naha, from the 2nd Public Finance Court of Santos (SP), ordered the state of São Paulo to compensate four military police officers who were imprisoned for 29 days due to a miscarriage of justice. The information is from the newspaper A Tribuna .
According to the report, in 2014, a B2B Lead teenager and two others stole a couple's car in Santos and fled with the vehicle, which later collided with a wall on the road. Two of them fled, but the minor hid. Upon seeing the police officers, he shot at them, who retaliated and killed him.
According to the newspaper, before the judge ordered the arrests, the Public Prosecutor's Office closed the police investigation that would investigate the agents' conduct, arguing that they acted in self-defense.
The court ordered the Civil Police to continue with the investigation and asked the MP to comment on the temporary arrest of the PMs — who agreed to archive it. Even so, the temporary arrest of the four agents was ordered.
Each police officer then filed a compensation claim. In the sentence, it was determined that each of them would receive R$30,000 for moral damages.
For the judge, “mere precautionary custody based on facts that meet legal requirements, even if not confirmed in the sentence or ruling, does not generate a duty to compensate”. But, in this case, the judge understood that the judicial error and the state's civil liability had been proven.
“It was proven that the conduct of the author (police officer) was the subject of arbitrary investigation, insofar as it was carried out contrary to the statement of the accusatory body (MP) and in the absence of the investigative body (Civil Police), in disregard of the system accusatory and due legal process”, he said.