Highlights

Justice rejects preliminary injunction filed by Rio de Janeiro State Prosecutor sentenced for torturing a child

Monday, November 13, 2017

Justice Luiz Fux of the Brazilian Federal Supreme Court (STF), dismissed the injunction requested in Habeas Corpus (HC) 149330, filed in favor of Vera Lúcia de Sant'Anna Gomes, a retired Rio de Janeiro State Prosecutor, sentenced for torturing a girl 2 years and 10 months old that she intended to adopt. In court, she invoked the thesis that the prerogative of function, guranteed to members of the Prosecution Service, was maintained with her retirement, and therefore proceedings must take place before the Rio de Janeiro Court of Justice and not before the first instance.

In rejecting habeas corpus filed there, the Superior Court of Justice (STJ) observed that the understanding of the Supreme Court is that the prerogative exists only during working years.