Sixth Committee of the Supreme Court of Justice (STJ) The acquittal of a woman accused of drug smugglingAlthough three intimate magazines have been legitimized.
The decision occurred after the appeal of the public prosecutor in Rio Grande de Sol (MPRS). The court realized that although the magazines are illegitimate, the evidence at the accused’s residence, while fulfilling the research and confiscation order, is valid.
Civil police found drugs, money and pesticides at the accused’s residence while fulfilling the search and confiscation note. The woman was subjected to three intimate magazines – at the residence headquarters, at the police and imprisonment – but nothing is not conditional with her.
The Rio Grande de JAJRS (TJRS) has acquitted the defendant, given that the illegitimacy of magazines invalidated all the evidence.
Rapporteur Minister Rogerio Sheti Cruz realized the illegal and humiliating character of intimate magazines, which was presented without justification. The Minister emphasized a serious violation of the dignity of the human person caused by the state agents. However, STJ decided to keep the tests obtained in searching for the home.
Understand the decision
STJ understood that even without intimate magazines, it was possible to find the evidenced evidence while searching at home. Article 244 of the Criminal Procedure Law (CPP) provides personal research while searching at home, without the need for a specific matter. However, lack of legitimacy in implementing personal research does not invalidate the search for the house, according to the course.
The minister argued that there is no reason and relationship between the intimate magazines and the evidence in the housing. The minister said that the evidence, which consists of drugs, money and pesticides, was found in the accused’s house, not in his body.
The sixth grade of StJ has determined the trial in the second case, ignoring the lack of evidence. The court also decided to communicate with the facts to Rio Grande de Corrigoria Civil Police to investigate job graft, as well as communicate with the public prosecutor, which was already determined by the Rio Grande de Sol court.
