The judges of the 2nd Criminal Chamber of the Court of Justice of Rio de Janeiro (TJ-RJ) rejected a request from the defense of former deputy Flordelis to remove Judge Nearis dos Santos Arce, from the 3rd Criminal Court of Niterói.
The suspicion was proposed by the defense of Flordelis, who alleged breach of the magistrate’s impartiality in conducting the process that investigates the death of Pastor Anderson do Carmo, in June 2019.
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In the decision, judge Celso Ferreira Filho stated that “firmness should not be confused with lack of urbanity, as well as correct instruction, respecting deadlines, procedures and schedules, does not change into illegal constraints”.
The judge also criticized the attempts by the defense of Flordelis to lift the judge’s supposed impartiality. According to him, this measure is “reprehensible” because it delays and hinders the progress of the process.
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“The parties may be dissatisfied with decisions that go against their interests, but there are appeals to re-examine the issue. The law, however, does not tolerate that non-conformities come dressed up as frivolous allegations of partiality against the magistrate”, concludes the magistrate.
Flordelis was arrested on August 13 at her home in Niterói, and is now in the Complexo de Gericinó, west of Rio. The arrest was decreed the day after he lost his parliamentary mandate in the Chamber of Deputies. As a result, Flordelis was also expelled from the PSD.
Pastor Anderson do Carmo was killed with more than 30 shots in the garage of the house where he lived with the pastor and former deputy Flordelis and 55 children in the municipality of Niterói, in the metropolitan region of Rio. She is identified as the mastermind of the crime.
In two years, the investigation, led by the Homicide Precinct of Niterói, São Gonçalo and Itaboraí, exposed a family plot full of fight, betrayal, sexual abuse and attempted murder in the family nucleus of Flordelis.
In all, the couple’s seven children, three affectionate, one adoptive and three biological are imprisoned for the crime, as well as a granddaughter of the former deputy.
Flordelis was the only defendant who was not imprisoned due to parliamentary immunity. In addition to the pastor, her children and granddaughter, a former police officer linked to the family and his wife are also defendants. All have already been pronounced by the Justice and will go to popular jury.
Source: BoF Rio de Janeiro
Edition: Eduardo Miranda