Ministro Joaquim Barbosa Concede Liberdade A Réu Que Teve Pronúncia Anulada Pelo Stj

O ministro Joaquim Barbosa, do Supremo Tribunal Federal (STF), concedeu liberdade a M.J.S., acusado do crime de homicídio (artigo 121 do Código penal – CP) que teve sua sentença de pronúncia(que o encaminhou para julgamento pelo Júri) anulada pelo Superior Tribunal de Justiça (STJ) que, entretanto, não determinou o relaxamento da prisão preventiva que ele cumpre desde 27 de janeiro de 2003, em presídio do estado do Rio de Janeiro.

A decisão foi tomada em liminar concedida pelo ministro no Habeas Corpus (HC) 95309. Joaquim Barbosa justificou sua decisão, afirmando que há excesso de prazo na instrução do processo, “pois já são quase seis anos de prisão processual, sem previsão de quando ocorrerá novo julgamento”. Ele lembrou, também, que M.J.S já esteve preso anteriormente, a título de prisão temporária decretada em setembro de 2002.

Além disso, levou em consideração informação do STJ no sentido de que “a pronúncia não indicou uma prova sequer referente à autoria atribuída ao paciente”. E isto, segundo o ministro, “revela a presença de fumus boni iuris (fumaça do bom direito)“ da pretensão de ser colocado em liberdade. Foi esta, a propósito, a razão pela qual o STJ anulou a pronúncia, apoiada no artigo 408 do Código de Processo Penal (CPP). Este artigo determina que, “se o juiz se convencer da existência do crime e de indícios de que o réu seja o autor, pronunciá-lo-á, dando os motivos do seu conhecimento”. E esses motivos, no entender do STJ, não foram relacionados na sentença de pronúncia.

FK/LF

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