Decisão Monocrática N° 07103247020228070000 do Tribunal de Justiça do Distrito Federal e dos Territórios, 18-04-2022
Juiz | SEBASTIÃO COELHO |
Data | 18 Abril 2022 |
Número do processo | 07103247020228070000 |
Órgão | 3ª Turma Criminal |
Poder Judiciário da União TRIBUNAL DE JUSTIÇA DO DISTRITO FEDERAL E DOS TERRITÓRIOS Gabinete do Desembargador Sebastião Coelho Número do processo: 0710324-70.2022.8.07.0000 Classe judicial: HABEAS CORPUS CRIMINAL (307) D E C I S Ã O Cuida-se de Habeas Corpus com pedido liminar impetrado por MATUSALÉM TOMAZ e THOMAS JEFERSON ESTÁCIO RIBEIRO em favor de JOSE ROBSON GONÇALVES PESSOA (paciente) em face da decisão proferida pelo Juízo da Vara Criminal e do Tribunal do Júri de Brazlândia/DF, no Processo Criminal n° 0702193-71.2020.8.07.0002, que decretou a prisão preventiva do paciente. Em suas razões (ID 34111766), os impetrantes afirmam que, com a constatação da incapacidade, mesmo que esteja preso (provisoriamente ou em cumprimento de pena), o réu deve ser internado em manicômio judiciário ou outro estabelecimento equivalente. Defendem o reconhecimento da extinção da punibilidade do paciente, com o arquivamento da ação penal, por inimputabilidade, por decisão liminar e, no mérito, a concessão definitiva da ordem, com a confirmação da liminar. É o relatório. A decisão que decretou a prisão preventiva (ID 34286180) restou fundamentada pela existência de risco à ordem pública, pois o paciente ?continua ameaçando e atentando contra a vida de pessoas, conforme informado pela testemunha WESKLEY?. A alegação de que o paciente é inimputável exige dilação probatória que não se coaduna com a natureza do pedido liminar. A...
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