STF keeps case of feminicide in Army barracks in the Jury Court

Minister Gilmar Mendes, of the STF (Supreme Federal Court), denied a request for habeas corpus from the defense of former soldier Kelvin Barros da Silva, who confessed to committing feminicide in an Army barracks, in December 2025, in Brasília. Gilmar decided to keep the case trial in the Federal District Jury Court.

The defense of the former soldier, who remains in prison, had requested the case be analyzed by the Military Court. Gilmar Mendes understood that the jurisdiction of the Jury Court to judge crimes against life "prevails over that of the Military Justice" as it has "no relevant connection" with military activities.

"Despite the fact that the crime was committed within the military administration, the records demonstrate that the crime was committed in the context of violence against women", stated the minister in the decision, signed on May 18.

Kelvin Barros da Silva confessed to having killed Corporal Maria de Lourdes Freire Matos, aged 25, and starting a fire in a room of the 1st Guards Cavalry Regiment - Independence Dragoons. He was expelled from the Army after the crime.

The forensic examination identified that the corporal, found charred, was stabbed to death before the fire in the barracks. The former soldier is responsible for the crimes of femicide, firearm theft, arson and procedural fraud.

In April, the ministers of the 3rd Section of the STJ (Superior Court of Justice) decided that the crime of feminicide should be judged by the common courts and that the other crimes committed should be handled by the Union's Military Justice. After the decision, the former soldier's lawyers presented the request for habeas corpus.

The reporting minister at the STJ, Ribeiro Dantas, understood that the crime of feminicide constitutes an "intentional crime against life" in a context marked by gender violence and motivation of a personal and emotional nature, without functional military duty.

In breaking up the trial, the STJ's decision maintained that crimes that directly affected the assets, security and functioning of the military organization should remain subject to Military Justice.

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Source: CNN