Miguel case: Court upholds 7-year sentence for Sari Corte Real

The Criminal Section of the TJPE (Court of Justice of the State of Pernambuco) decided, this Thursday (21), to maintain the seven-year prison sentence in an initial closed regime for Sari Corte Real, defendant for abandonment of an incapacitated person for the death of the boy Miguel Otávio Santana da Silva, in 2020.

The trial began on Thursday afternoon and rejected the defense's appeal that asked for Sari's sentence to be reduced to six years in a semi-open regime.

During the trial, lawyer Jailson Rocha, who represents Mirtes Renata Santana de Souza, Miguel's mother, stated that the boy's age, which was five years old, should be considered an aggravating factor.

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He defended that the seven-year sentence be maintained in an initial closed regime, determined in the trial held on November 8, 2023.

The defense argued that the sentence should be reduced to six years in a semi-open regime, on the grounds that the victim's age is already part of the concept of "incapacitated", and cannot be used to increase the sentence.

The debate caused a 5-5 tie between the eleven judges who participated in the session. The rapporteur of the appeal, judge Evandro Magalhães, voted to reduce the sentence, accompanied by four judges, as they understood that age was already included in the concept of incapacitated.

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The divergence was opened by the vote of José Viana Ulisses Filho, who voted to maintain the sentence, accompanied by four other members, understanding that age could be a basis for aggravating the sentence.

To decide the issue, judge Mauro Alencar de Barros, president of the Criminal Section of the TJPE, cast the tie-breaking vote in favor of maintaining the definitive sentence at 7 years of imprisonment in an initial closed regime.

Sarí can still appeal with a Special Appeal to the STJ (Superior Court of Justice) and an Extraordinary Appeal to the STF (Supreme Federal Court), in addition to retaining the right to appeal freely, since this specific judgment did not address or change this condition.

CNN Brasil tries to contact Sari Corte Real's defense. The space remains open.

Miguel case: Remember the case and developments | CNN PRIME TIME

Remember the case
Sari Corte Real was responsible for the boy Miguel Otávio Santana da Silva, just five years old, when he died after falling from the ninth floor of a building known as "Torres Gêmeas" in the São José neighborhood, in Recife, on June 2, 2020.

According to the Civil Police investigation, the fall occurred when the boy's mother, who worked as a maid in one of the apartments, came down with her employer's dog, leaving Miguel in her care.

The boy Miguel Otávio Santana da Silva, aged 5, died after falling from the ninth floor of a building known as "Twin Towers" in the São José neighborhood, in Recife - Photo: Reproduction/Facebook
Images from the elevator camera show Sari pressing the button for the penthouse and leaving the boy inside. He presses other buttons, enters and exits several times, appearing to be lost. Finally, he disembarks and goes to an area where air conditioning units are located, where he fell from a height of about 35 meters and died.

Initially, the 1st Court of Crimes against Children and Adolescents of Recife sentenced Sarí to eight years and six months in prison, a sentence that was reduced to seven years in November 2023.

*Under the supervision of Carolina Figueiredo

Source: CNN