By granting house arrest to detainee Ernesto Floriano Damasceno Vilanova, blind and intellectually disabled (PH), Judge Roberval Casemiro Belenati underlined the responsibility of the State in this episode.
Ernesto remained untraceable for more than a day after being released from the Penitentiary Progression Center (CPP), in the Federal District. without the lawyer or family members being informed.
In the ruling, the judge said: “It is no exaggeration that, in this case, the State contributed to the alleged failure to comply with the conditions imposed on the patient, leaving him helpless after the ankle bracelet was placed. »
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According to the judge, the inmate’s diagnosis did not indicate a risk of escape. “In the case of a patient with an intellectual disability, the petitioner’s version that Mr. Ernesto was unable to return home is plausible, which resulted in the battery of the monitoring device being discharged,” he said.
Understand the case:
- Ernesto disappeared after being released with an electronic bracelet on his ankle without warning his family, in the Federal District, Sunday (12/28). After being located, he ended up being detained preventively.
- Blind in one eye, intellectually disabled and stuttering, Ernesto was arrested on November 28 for fighting and threatening his sister-in-law, with whom he lived with his brother.
- A month later, on Friday (26/12), a permit was issued for his release to the Penitentiary Progression Center (CPP), in the Industries and Supplies Sector (SIA).
- In theory, the detainee would be under house arrest, monitored by an electronic ankle bracelet. In addition to his release without notifying his family, the surveillance system lost signal and he was reported missing.
- Posters were put up throughout the city in search of the man. Ernesto was located on the Santa Maria BRT this Monday (12/29), when a bus driver recognized him after a report published by Metropoles.
- The family was then able to recharge the ankle bracelet. The court, however, ordered his return to preventive detention.
Family
Emilia Damasceno, 55, Ernesto’s sister, says her brother should not be in prison, but hospitalized for medical treatment. According to her, the family is not able to bear the costs, but the State should take responsibility for welcoming the family member with dignity.
“He has always lived favorably in the house of our other brother, who is married to this woman who accused him. You have to be patient to take care of him, because he has attacks of aggression, but it is a mental illness. He stutters, he barely knows how to communicate. He has to be constantly under the influence of daily medications, otherwise attacks occur,” says the sister.
Emilia details that the police put him on a bus at the Plano Piloto bus station, with instructions for the driver, but that didn’t help. “Ernesto doesn’t know how to get home alone and the driver couldn’t take him to the door. A little sensitivity was enough for the family to be notified. When we finally found him, we ran to recharge the ankle bracelet, which was exhausted, but they still understood that he was running away,” he explained.
In a video recorded by his sister, Ernesto’s mother appears emotional, hugging her son and worriedly asking if someone had hit him. Ernesto tried to answer, but he had difficulty.
Explanation
Regarding the lack of communication with the detainee’s family at the time of his release, the Prison Administration Secretariat (Seape) reported that the court decision did not provide for notification to the defense or the family, but that the permit was available for consultation as part of the judicial process.
“The release of detained persons takes place after receipt and compliance with the respective judicial authorization, in accordance with the terms expressly established in the decision. It should be noted that the judicial decision in question does not contain a determination for the formal communication of the issuance of the release authorization to lawyers or family members,” he explained.
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