The nationally mobilized and controversial case of Ame Jonatas over allegations of embezzlement and misappropriation of funds raised from the campaign to save Jonatas by Enrique Openenkoski, who has a rare disease known as spinal muscular atrophy type 1 (SMA). , has branches. The State Ministry of Santa Catarina presented closing arguments in the case.

Aline da Cunha Souza and Renato Enrique Openenkoski, parents of Jonatas – Photo: Disclosure ND

The defendants are Alin da Cunha Souza and Renato Enrique Openenkoski, the child’s parents. They ran a fundraising campaign, mobilized Santa Catarina and the entire country, but, at the accusation of an MP, began to embezzle goods and valuables belonging to Jonatas, in addition to obtaining illegal benefits.

Crimes have an aggravating factor, the prosecutor’s office emphasizes, since they are committed against a person with a disability. The case became known in a complaint filed by ND Group.

Unfortunately, the boy Jonatas died on January 24 of this year. He was five years old and his death shocked Brazil.

Glauco Attorney José Riffer of the 5th District Attorney of Joinville County asked the court to convict Aline da Cunha Souza twice for embezzlement, as well as embezzlement 16 times. And convict Renato Enrique Openenkoski for the crimes of embezzlement once and embezzlement 25 times.

crimes

embezzlement
Art. 171 Obtaining for oneself or others an undue advantage to the detriment of others, inducing or deceiving someone by subterfuge, subterfuge or other fraudulent means
Punishment – imprisonment for a term of one to five years and a fine of five hundred thousand to ten conto de reis. (See Law No. 7209 of 1984)

Misappropriation
Art. 89. Embezzlement or diversion of assets, income, pensions, allowances, remuneration or any other income from a person with a disability:
Punishment – imprisonment for a term of 1 (one) to 4 (four) years and a fine.

Photo: Document reproductions/Disclosure ND

Kia Sportage bought a pair for 140 thousand reais. Photo: Image reproduction from NDTV

Renato and Alyn were heard at a hearing in the 4th Criminal Court of the Joinville District on April 27 of this year. Photo: Image reproduction from NDTV.

During the closing debate (68 page document), the prosecutor says that most of the money was actually used to treat Jonatas’ child Enrique Openenkoski.

However, documents, testimonies, and in some cases they also admitted that the defendants Alin da Cunha Sousa and Renato Enrique Openenkoski, using the resources of campaign accounts, bought goods and services that were intended only for the well-being of themselves and their families, and not for Jonathan Health.

“Defendant Renato Enrique Openenkoski himself admitted that the resources of the accounts were for the whole family, because there was no separation, in his words, “we are one.”

Thus, in Attorney Glauco’s view, the defendants failed to prove that the goods and services they purchased were for the health or well-being of Jonatas; nor have they shown that such goods and services were purchased with funds from any source other than Ame Jonatas campaign bank accounts. According to the prosecutor’s analysis, they were aimed solely at the well-being of the defendants and their families.

Car for 140,000 reais, clothes, jewelry…

Among the goods and services mentioned are cell phones, auto parts, jewelry, airguns, clothing, furniture, a Kia Sportage car, as well as gym services, rental of sports fields and buying hotel tickets in Fernando de Noronha, one of the most expensive tourist destinations in the country.

“The goods and services described in the complaint were purchased with money from the Ame Jonatas campaign. The child was the beneficiary of the donations; and not parents or other family members,” the prosecutor said.

In January 2018, a court ruled to block money raised through the Ame Jonatas campaign – Photo: Reproduction/NDTV Record TV

Regarding certain expenses, the promoter continues, such as the purchase of mobile phones, gym services or a Kia Sportage car, the defendant admitted that the purchases were made with money received from the Ame Jonatas campaign, but argued that such purchases do not contradict the goals of the campaign, because that the goods and services purchased will be necessary either for the health and comfort of Jonathas or to support the campaign itself.

witnesses

There are also testimonies of witnesses in the process. One would say that Jonatas’ parents often went to the hospital to take pictures and selfies, more for publicity than care.

“I heard that Alina was taught to clear the respiratory system that Jonatas needed to use, but she didn’t give a damn, and after being discharged, Jonatas had an infection at home. He added that he saw Renato and Aline having fun and drinking at Fernando de Noronha.”

Another witness stated that Renato would have told him that he needed a big car with a hole through which his son could see the sun/rain/stars.

Defendant Renato stated during interrogation that the car was purchased because it was a large, affordable vehicle that, in addition to the family, contained Jonatas’ trolley, an oxygen tank, a heart monitor, a portable vacuum cleaner, and all other accessories.

Conversations between Renato and Alina were also tied to the process:

Photo: Reproductions of documents

Jonatas has been battling the disease since 2017. – Photo: Internet/Disclosure ND

During the debate, the deputy indicates the facts that he speaks about, cites evidence and statements of the accused and persons participating in the case.

Below are some of the facts pointed out by the deputy.

– allocation of money for the purchase of auto parts
– allocation of money for the purchase of air rifles and other tools
– misappropriation of money for the purchase of a cell phone
– allocation of money for the purchase of cutlery
– allocating money to pay for gym memberships and monthly fees for the accused and their families, and renting the gym
– allocating money to calculate clothes with D2R trade Comércio de Confecções LTDA
– allocation of money to buy clothes in the Reggae Roots Surf Shop
– allocation of money for the purchase of a KIA / Sportage car
– allocation of money for the purchase of Herbalife brand products
– allocation of money for the purchase of a rustic table
– embezzlement of money for the purchase of goods in the Boleta de Neve trade
– embezzlement of money for the purchase of jewelry in the Bergenson Joais e Relógios store.
– allocation of money for the purchase of clothes in Brumeia Indústria e Comércio de Confections
– allocation of money to pay for travel and expenses in Fernando de Noronha

What the couple’s lawyer says: “The process is a legal deviation”

Luis Felipe Bittencourt Winter, the couple’s lawyer, said he would present his closing arguments at the lawsuit. He stressed that he would prove that Alin and Renato did not commit a crime, and the accusations of the prosecution are completely groundless and far from the truth.

“This process is a legal delusion,” the lawyer classified. According to him, the public ministry presents unstable situations in the process. Purchases not made with Love Jonatas campaign money. “The deputy says one thing, but what he represents in the process is another. Among other things, there are several failures of the deputy in the process, procedural errors, lack of authorship of the deputy,” he continues.

“Nothing is a crime, I will prove it. The judge will see this, and there will be only one result: they will be acquitted, ”Winter believes.

Regarding the transfer of BRL 300,000, which the MP makes in closing arguments, among other documents and evidence, the couple’s lawyer says he should have paid for the medicines.

Photo: Document reproduction/Disclosure ND

As for the controversy surrounding the couple’s R$140,000 purchase of a car, Winter believes it was done to better serve Jonatas.

“They had 4 million reais. They could have bought a much more expensive car, but they preferred this Kia Sportage, which suited the boy well. And they even made a discount due to the boy’s disability,” he reflects.

“All these accusations are baseless. This is not a crime,” Luis Felipe Bittencourt Winter concludes.