Minister Gilmar Mendes, of the Federal Supreme Court (STF), showed indignation at the scenes of the audience of event promoter Mariana Ferrer, 23, who accused businessman André de Camargo Aranha of rape.
A video of the trial shows the defendant’s lawyer – who ended up acquitted after the Santa Catarina Public Ministry considered, in the complaint, the “guilty rape” thesis, which is not provided for by law – making several insinuations and offenses against the young woman, who cries and asks for respect. The judge and others present do not interfere.
“Mariana Ferrer’s audience scenes are appalling. The justice system must be a welcoming instrument, never one of torture and humiliation. The correctional agencies must determine the responsibility of the agents involved, including those who failed to act ”, Mendes said on Twitter.
The video shows the lawyer Claudio Gastão da Rosa Filho showing copies of sensual photos of Mariana, who was a professional model, as a way to strengthen the argument that the sex that happened was consensual. Watch it.
He calls the images “gynecological”. Mariana replies: “Very beautiful (the photo), by the way, you said right, committing bullying against me, you are old enough to be my father, you have to stick to the facts”, said the young woman.
“Thank God I don’t have a daughter at your level, thank God, and I also ask God that my son doesn’t find a woman like you”, counters the defender.
He also rebukes Mariana’s crying at a certain moment: “It is no use to come with your concealed, fake crying and this crocodile lip”.
The young woman complained to the judge. “Your Honor, I’m begging you for respect, not even the accused are treated the way I’m being treated, for God’s sake, people. What is that? ”, He says. The judge makes few interventions, but in a moment asks Mariana to rest and drink water.
Sought by The Intercept Brasil, the site that released the images, which went viral on Tuesday (3), the businessman’s lawyer said he would not comment on a case under the secrecy of Justice, “mainly in the face of decontextualized inquiries that reveal bad faith and partiality”.
The OAB of Santa Catarina says that it had access to a copy of the judicial process and informed that it had officiated the lawyer Cláudio Gastão to provide clarifications on his conduct at the hearing of Mariana’s case.
The Public Prosecutor’s Office of Santa Catarina (MP-SC) stated in the argument against the accused that a “wrongful rape” occurred, that is, without intention, something that is not typified in the law.
For the prosecutor, the defendant would have no way of knowing that the young woman was unable to consent to the sexual act.
With the version presented in court, the MP went back, since he had filed a complaint against the businessman in July 2019, accusing André of rape of the vulnerable, following the same understanding of the police investigation, that the young woman had no discernment to consent to relationship.
Halfway there was a change of prosecutors. Prosecutor Alexandre Pizza, who filed the complaint, voluntarily left to take on another prosecutor’s office, says the MP, and prosecutor Thiago Carriço de Oliveira, who made the final allegations, stepped in.
For Carriço, there was no “guile” in Aranha’s action. He argued that there was no way to prove technically that the victim was under the influence of drugs, since the technical reports did not indicate any substance. Based on a doctrine of law, Carriço defended the “culpable” factor in the hypothesis of the occurrence of “criminal type error”.
The prosecutor therefore concluded that the fact did occur, but it was not possible to prove that the victim was incapable, nor that the defendant was aware of this possible disability.
Judge Rudson Marcos, on September 9, also concluded that there was no certainty about whether or not Mariana was able to resist.
“Given the absence of evidence to establish the judgment of certainty, especially with regard to the lack of discernment for the practice of the act or the impossibility of offering resistance, which are essential to sustain a conviction, I decide in favor of the accused André de Camargo Aranha” says the text. There is still appeal.
Repercussion of ‘culpable rape’
Before the manifestation of Minister Gilmar Mendes, the tag #justicapormarianaferrer ended up in the most commented topics on Twitter in Brazil this Tuesday.
Famous people spoke on the subject. Bruna Marquezine republished the matter and regretted it. “‘Guilty rape’, pqp,” he wrote. “‘Guilty rape’ does not exist,” declared the singer IZA. “Justice by Mariana Ferrer”, asked Deborah Secco.
Rafa Kalimann wrote an outburst. “‘Didn’t mean to rape her’. Er? Is that there? How many? How many times? How many more times? How many other fears? How many other attacks? How many other rapes ‘unintentionally’? How much time do we have? Maybe none. It is not possible for this fear to continue. How many hide rape or aggression or fear of exposing and nobody believes? “, He wrote.
The businessman André de Carmargo Aranha was acquitted by the Justice of the charge of raping Mariana Ferrer inside the beach club Cafe da la Musique, in Florianópolis, in December 2018. Mariana denounced the case through social media – later, her Instagram was taken down Through facebook. Judge Rudson Marcos dismissed the young woman’s complaints as unfounded.
22 witnesses were heard, in addition to Mariana and André. He had initially denied having had contact with the young woman, but later said he had sexual contact with her, but did not actually have a sexual relationship.
Six expert examinations and a search and seizure of the accused’s electronic equipment were carried out. The conclusion of the investigations, which took place in secrecy, is that “there is no compelling evidence in the case to corroborate the accusatory version”.
The case was made public when Mariana shared the report on Instagram in May last year. She released a video of the security circuit in which she appears entering and leaving the place where the rape occurred, prints of messages and audios that she sent to friends asking for help and a photo of the dress she wore that night, stained with blood.
Mariana also said that she registered a police report and took a criminal offense the day after the incident. She published prints of the expert report that confirmed the presence of semen in the panties she wore. The semen had DNA compatible with André’s, according to tests.
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