Judge Ana Lia Moura Lisboa Carneiro dismissed a habeas corpus preliminary injunction and upheld the preventive arrest of a farmer in southern Santa Catarina for failing to protect his ex-partner.
According to the case file, at the request of the woman, in March 2021, a ban was granted to her ex-husband from approaching her, her family members and witnesses, while maintaining a minimum distance of 50 meters.
In addition, he was prohibited from contacting the victim, her family members and witnesses by any means of communication, and visits with minor dependents were suspended.
According to Justice, the couple at that time had already broken up for more than a year. The woman was even in another relationship, with a five-month-old son from a new partner.
However, even with the restrictions in place, the ex-husband would repeat the harassment and threats that culminated in his arrest.
In June, according to the case file, a suspect wielding an iron bar broke into his ex’s land to try to attack her current partner, who was working in the fields with her stepdaughter.
Both, sensing danger, ran to take refuge in the family home. The assailant eventually spotted an approaching tractor and fled the scene.
Taking into account the situation, the judge rejected the requested injunction, affirming the decision and the grounds set out in the trial court: maintenance of public order – so to ensure the physical and psychological integrity of the victim, given the high likelihood of criminal recidivism and disobedience to the court order that established the measures in ( his) benefit, as well as for the convenience of criminal proceedings, so that the represented person does not interfere in the collection of evidence, causing fear in the victim and, ultimately, in witnesses.
Habeas corpus will continue to be judged collegially within the 1st TJSC Criminal Division (Santa Catarina Court).
Source: Ndmais