✓ verbatim from the press
Henry Borel's father has filed an appeal requesting a new trial for the boy's mother — 4 days after she received judicial pardon and was released. Leniel Borel filed the annulment petition on Monday (June 8), alleging "internal contradictions" in the verdict that convicted Monique Medeiros of torture but spared her from prison. ✓
Press quotes (1)
"O pai do menino Henry Borel, Leniel Borel, entrou nesta segunda-feira (8) com recurso pedindo a anulação do julgamento que concedeu perdão judicial a Monique Medeiros, mãe da criança."
The jury had downgraded the charge from intentional homicide to culpable homicide and convicted Monique of torture by omission — a sentence of 1 year and 4 months. Judge Elizabeth Louro granted judicial pardon, arguing that Monique "had already suffered severe punishment" and criticizing the "disproportionate reaction of society" against her. Since Monique was already serving preventive detention, she was considered square with Justice. ✓
Press quotes (1)
"O júri havia decidido desclassificar a acusação de homicídio intencional para homicídio culposo (quando não há a intenção de matar) e condená-la pelo crime de tortura por omissão."
According to lawyer Cristiano da Rocha Medina, who represents Leniel, "the jurors had already recognized the materiality and authorship attributed to Monique, as well as rejected the absolutory thesis." But "in the sequence of voting, new questions were submitted whose answers proved incompatible with the conclusions previously reached by the Jury Council itself." ✓
Press quotes (1)
"os jurados já haviam reconhecido a materialidade e a autoria atribuídas a Monique, bem como rejeitado a tese absolutória apresentada pela defesa"
The Public Ministry also appealed, according to prosecutor Fábio Vieira: "in a first questioning, Monique was considered responsible for Henry's intentional death. Thus, we understand that she should also have been convicted of intentional homicide." Jairinho's defense — sentenced to 43 years for the child's death — filed an appeal alleging "partiality" of the judge and requesting that any annulment of Monique's trial be extended to him. ✓
Press quotes (1)
"uma vez que, em uma primeira quesitação, Monique foi considerada responsável pela morte dolosa de Henry. Assim, entendemos que ela também deveria ter sido condenada pelo homicídio doloso"
Henry Borel died on March 8, 2021
Jairinho was sentenced to 43 years, 9 months and 20 days
All appeals were filed on the same day, June 8
Covered by only some sources, or where the accounts diverge.
Covered by only some sources (2)
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What is the case number and in which court instance is the appeal being processed?
Why it's still unknown: No source provided specific procedural data
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What exactly was the sequence of questions that generated the alleged contradiction?
Why it's still unknown: The defense mentions contradiction in jury responses but doesn't detail which questions were conflicting
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When will the appeals be judged and by which court instance?
Why it's still unknown: Sources did not inform deadlines or competence to judge the appeals
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What jurisprudential precedents apply to cases of contradiction in jury verdicts?
Why it's still unknown: No source consulted legal doctrine on annulment due to internal contradiction in jury