Henry Borel case: understand what defenses and accusations lead to the popular jury

The II Jury Court of the District of the Capital holds the trial of Jairo Souza Santos Júnior (Dr. Jairinho) and Monique Medeiros, this Monday (25), accused of the death of Henry Borel, which occurred in March 2021.

The sentencing council, made up of seven jurors, will decide the fate of the defendants, who face crimes such as triple homicide, torture and coercion during the process.

The outcome of the case comes after years of appeals and legal maneuvers that attempted to postpone the session or annul evidence from the process.

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Five years after the case, justice resumes Henry Borel's death trial | CNN NEW DAY

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Monique Medeiros cries after receiving provisional release in trial for her son's death - CNN Brasil

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Jairinho, Henry Borel's stepfather, on trial over child's death - CNN Brasil

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Monique Medeiros, mother of Henry Borel, on trial for her own son's death - CNN Brasil

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Jairinho, Henry Borel's stepfather, on trial over child's death - CNN Brasil

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Monique Medeiros, mother of Henry Borel, on trial for her own son's death - CNN Brasil

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Upon arrival at the Jury Court, Henry Borel's father, Leniel Borel, expressed a mix of gratitude, anxiety and a strong plea for justice. He highlighted that the trial is not just about his son's name, but about "how much Brazil is willing to protect its children" - Camille Barbosa - CNN Brasil

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Judge in trial of Monique Medeiros and Jairinho over the death of Henry Borel - CNN Brasil

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The Sentencing Council was defined at the beginning of the trial of Monique Medeiros and Dr. Jairinho in Rio de Janeiro - CNN

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Cristiano Medina, acts as a lawyer and assistant to the prosecution, representing the interests of Leniel Borel (father of the victim) - CNN Brasil

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The legal team seeks the defendant's acquittal, supporting the thesis that Monique was in an abusive relationship with Jairinho and that he had a profile of victimizing people like her - CNN Brasil

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The former councilor's lawyers deny the attacks and defend the thesis that the death was accidental - CNN Brasil

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Former Rio de Janeiro councilor and former doctor, Jairo Souza Santos Júnior, was the child's stepfather and is identified by investigations as the author of the physical attacks that caused Henry's death. - Reproduction

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Monique Medeiros, mother of Henry Borel, is answering for the crime based on the relevant omission, because, according to the prosecution, she was aware of the torture suffered by her son and consented to the situation. - Jaqueline Frizon/CNN

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The theses of Dr. Jairinho and Monique's defense
The defendants' defenses reach the plenary with divergent strategies. During the opening of the trial by the Jury Court in Rio de Janeiro, Jairinho even dismissed the defense, but backed down after the MP asked for his transfer to Bangu 1.

Dr.

Jairinho focus on the technical challenge of the evidence produced by the Legal Medical Institute (IML).

The defense claims that there were changes in the reports 40 days after the child's death, maintaining that there is "mismatched information" about the cause of death and the injuries identified.

In addition, the strategy included successive requests for habeas corpus and allegations of nullity due to alleged restriction of defense, theses that were mostly rejected by the higher courts.

The theses of Monique Medeiros' defense
Monique Medeiros' defense seeks to free the mother from direct responsibility or by omission, presenting her as a victim of an abusive relationship.

The strategy aims to convince jurors that Monique suffered psychological violence and would not be able to act to prevent the crime.

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Henry Borel celebrating his 4th birthday, in May 2020 - Photo: Personal Archive

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Henry Borel, aged 4, died on March 8 - Reproduction

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Leniel Borel in the documentary "Henry Borel Case, The Mark of Evil" - Disclosure

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image of Henry Borel in action in honor of Children's Day - Disclosure/Leniel Borel

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On the left Dr. Jairinho, on the right Monique Medeiros with her son Henry Borel - Arte/CNN

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Action of the prosecution and jury procedure
The Public Ministry of Rio de Janeiro works together with Leniel Borel, Henry's father, who participates as an assistant to the prosecution.

The prosecution's thesis is that there were repeated attacks and that the defendants tried to hide the truth through procedural fraud.

The victim's father, protected by the Code of Criminal Procedure, has the right to interrogate witnesses and participate in oral debates to ensure the conviction.

The procedure of the Jury Court provides that, in case of conviction with a sentence of more than 15 years, the defendants may be subjected to immediate arrest while still in court, as per the understanding of the Federal Supreme Court (STF).

Henry Borel Law turns 4 this Sunday; day before jury in the case | NOW CNN

During the session, jurors are incommunicado and must decide based on the evidence presented in plenary, answering questions about the materiality of the fact and the authorship of the crimes.

Source: CNN