Shame!!!
STF maintains acquittal of 4 for the death of USP freshman in 1999
In 2006, STJ ordered the process to be suspended, but the MP appealed. Four were accused of killing a 22-year-old in a USP pool.
6/6/2013 5:07 pm - Updated 6/6/2013 6:11 pm
By Mariana Oliveira
From G1, in Brasilia
The Federal Supreme Court (STF) upheld this Thursday (6) the acquittal of four defendants for the death of University of São Paulo freshman Edison Tsung Chi Hsueh, in 1999.
In 2006, the Superior Court of Justice (STJ) decided to suspend the action due to lack of evidence. By five votes to three, the Supreme Court confirmed the decision and understood that the STJ has the competence to block a criminal action before the judge of first instance analyzes the process. The Public Prosecutor's Office will still be able to question the Supreme Court itself, but it is unlikely that the plenary's understanding will be changed.
The decision taken by the STF in the case of the freshman has general repercussions and should be adopted in similar cases in other courts.
Young Edison Tsung Chi Hsueh, 22, drowned in a university swimming pool after a prank. The young man's death led to a series of changes and discussion about hazing at universities.
Four veterans, now doctors, were accused by the Public Ministry for the crime: Frederico Carlos Jaña Neto, Ari de Azevedo Marques Neto, Guilherme Novita Garcia and Luís Eduardo Passarelli Tirico, but obtained a favorable decision from the STJ in 2006.
The Public Prosecutor's Office then appealed to the Supreme Court, claiming that the STJ violated the Constitution by withdrawing from the jury the possibility of analyzing the evidence against the accused. The plenary of the STF evaluated, however, that, in the absence of evidence, it is possible to lock the process before the analysis of the merits.
