The judges of the São Paulo Court of Justice confirm the sentence of a Sertãozinho judge for a closed regime in Vanuza Avelino Nogueira who, in 2021, threw a truck at Fábio Batista Duarte, her ex-husband, and his partner, Crislaine Alvarenga
The judges of the XV Criminal Section of the Court of Justice of São Paulo (TJ-SP) confirmed the decision of the I Criminal Court of Sertãozinho, in the interior of São Paulo, issued by judge Angel Tomas Castroviejo, who convicted a woman of attempted murder of ex-partner and girlfriend. The penalty remained fixed at 16 years’ imprisonment, in an initially closed regime.
It appears in the trial (application n. 1503085-40.2021.8.26.0597) that Vanuza Avelino Nogueira, the defendant, had not accepted the end of the relationship and had already threatened Crislaine de Oliveira Alvarenga, girlfriend of her ex-husband, Fábio Battista Duarte. The marriage ended after 14 years.
On the day of the events, August 4, 2021, the couple was talking on the street when the defendant hurled the truck she was driving at the two. Subsequently, she got out of the car and attacked her ex, already injured by the accident, with slaps and punches.
The defense argues that the woman acted “under the influence of a violent emotion.” She also asked for a reduction in her sentence, arguing that the woman had spontaneously confessed to the crime.
The rapporteur of the appeal, Judge Christiano Jorge, declared in his vote that the situation does not authorize a new trial, as the defense claims, “since it is not a question of a decision clearly contrary to the evidence contained in the file”.
The magistrate stressed that Vanuza’s ex-husband underwent several surgeries and that the intention to kill was documented in the records.
“It should also not be overlooked that the accused, not satisfied with the serious injuries inflicted on the victim, got out of the truck and headed towards him to attack him, saying that she would ‘finish the job’, a fact absolutely incompatible with the mere intention to harm of physical integrity, which prevents the acceptance of the disqualification request”, said the magistrate.
Judges Willian Campos and Bueno de Camargo followed the panelist, by unanimous decision of the 15th Chamber of Criminal Law.
WITH THE WORD, THE DEFENSE
The report seeks contact with the defense. The space is open to the event (fausto.macedo@estadao.com and Rayssa.motta@estadao.com).
Source: Terra
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