Henry Borel: "Big legal aberration", says child's father to CNN

In an interview with Backstage CNN this Thursday (4), Leniel Borel, father of Henry Borel, stated that the final sentence involving Monique Medeiros in the trial for the boy's death represented a "huge legal aberration".

In the decision, handed down in the early hours of this Thursday, Monique, the child's mother, received a judicial pardon, a legal institute that rules out the application of the penalty even after the crime has been recognized. Former councilor Dr. Jairinho was sentenced to 43 years, 9 months and 20 days in prison.

"Yesterday it became very clear, not only to me, but also to the whole of Brazil, of this 'biased partiality'. We are going to appeal [...] Monique, at the very least, was negligent. [...] They forget that Monique is the mother. The guarantor. She is, at the very least, responsible for her son's life. And she did not protect him", said Leniel.

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During the interview, Henry's father even questioned the judicial pardon granted to Monique. "She was convicted of manslaughter, and can she have a judicial pardon for an intentional crime against life? Can an intentional crime against life have a judicial pardon?", he asked.

Leniel reported that, over the five years of the process, he observed several decisions by the judge that, in his assessment, benefited Monique in an unjustified way, including releasing the defendant in situations that, according to him, contradicted decisions of the Federal Supreme Court.

"The partiality towards Monique has always been very clear, not only to me, as a father, but to the entire Brazilian society", he stated.

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4 6 De Janeiro De 2003 Fernando e Sorocaba

Just this Thursday, Leniel stated in a note that Judge Elizabeth Machado Louro's decision goes beyond the limits of Henry's story.

"They killed my son for the third time," he wrote. "As a father, I will never be able to understand how someone who was present, awake, in the same apartment, on the same night, faced with the same context of violence, could leave without any regret while a child ends up dead", says the note.

During the trial, considered the longest in the history of the Rio de Janeiro Court of Justice, Monique accused Jairinho for the first time for her son's death. During interrogation, she stated that she believed that the former councilor was responsible for the attacks against Henry.

Judicial pardon and effects of the decision
Judicial pardon is an institute provided for in Brazilian criminal legislation, which authorizes the magistrate to stop applying the penalty even after recognizing the commission of a criminal offense.

Although it removed the application of the penalty, the sentence did not eliminate Monique's criminal liability.

Henry Borel's father echoes jury results | BEHIND THE SCENES CNN

The Sentencing Council dismissed the accusation of intentional homicide and promoted the downgrading of the charge to culpable homicide. Due to judicial pardon, the conviction no longer produces enforceable effects, ending the state's punitive claim in relation to the convicted person.

When delivering the sentence, the judge understood that the personal and social consequences suffered by Monique over the last five years exceeded the purpose that would be achieved by the criminal penalty.

In her reasoning, the judge highlighted the loss of her only son, the national repercussion of the case, the attacks suffered during the period in which she was imprisoned and the intense public scrutiny to which she has been subjected since the death of Henry Borel.

According to the judge, the accused was the target of a disproportionate social reaction, heightened by expectations culturally attributed to the maternal role. Despite ending the trial in the first instance, the sentence does not prevent the parties from lodging appeals.

What the defenses say

In a statement, released this Thursday, Monique's defense stated that they received the decision "with respect".

Read in full:

"Lawyers Florence Rosa and Hugo dos Santos Novais, who work in the defense of Monique Medeiros da Costa e Silva, receive with respect the decision given by the Sentencing Council, highlighting that the Jury Court constitutes one of the most important constitutional guarantees of the Democratic State of Law, with the sovereignty of verdicts being a principle expressly guaranteed by the Constitution of the Republic of 1988.

They also highlight that the trial carried out was guided by the analysis of the evidence produced in the procedural instruction, within the rules that govern the Popular Jury procedure. Throughout the entire process, Monique's defense maintained that she did not commit any aggression against her son and that her biggest mistake was not being able to realize, in time, the violence that she and her son were suffering. Henry's death represents an irreparable tragedy for everyone involved in this case.

The process also invites society to reflect on the need to evolve the understanding of phenomena related to domestic, psychological and gender violence, abusive relationships and the excessive exposure of women as victims, as the victim is not always able to immediately identify the signs of the violence to which they are subjected, especially when inserted into complex cycles of emotional manipulation and affective dependence. Finally, they reiterate their absolute respect for the memory of Henry Borel Medeiros, the families involved, democratic institutions and the Jury Court, recognizing the constitutional importance of the sovereignty of verdicts as an expression of popular participation in the administration of Justice."

Henry Borel case: remember the murder of the boy who shocked the country

Source: CNN