The Superior Court of Justice (STJ) rejected, this Friday (8), a request for habeas corpus from businessman Matheus Sales Teixeira Bandoli Vieira, preventively arrested in October, as part of investigations into transplant patients who received HIV-infected organs.
Matheus Vieira is one of the partners of the PCS Lab Saleme laboratory, identified by the Public Ministry of Rio de Janeiro (MPRJ) as the company responsible for failures in quality control that led to several errors in HIV tests.
In the request for habeas corpus, the businessman’s defense stated that “there is not sufficient evidence of the authorship of the criminal practice, as he did not carry out any laboratory analysis activity in the company and, as a result, he cannot be held responsible for unintentional errors possibly committed by third parties.”
On October 22, the MPRJ denounced partners and employees of PCS Lab Saleme for irregularities in the exams. The following day, the 2nd Criminal Court of Nova Iguaçu accepted the complaint.
The Rio de Janeiro Court of Justice (TJRJ) only analyzed the habeas corpus injunction requesting the businessman’s release.
For the president of the STJ, Minister Herman Benjamin, the analysis of the merits of this request must first be carried out by the TJRJ, with intervention by the higher court being unfeasible at this procedural moment.
Still for the court, there is no obvious illegality in the decision that ordered the businessman’s arrest to justify the STJ’s action in the case.
“It appears that the arrest was ordered based on concrete elements indicating the seriousness of the crime, in view of the supposed modus operandi used in the criminal practice, as well as for the convenience of the criminal investigation, as, in theory, there would have been an attempt by part of those investigated in destroying evidence”, explained the minister.
THE CNN asked for a position for Matheus Sales Teixeira Bandoli Vieira’s defense and is awaiting a response.
This content was originally published in STJ denies habeas corpus to businessman investigated for error in HIV tests in RJ on the CNN Brasil website.
Source: CNN Brasil
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