The trial of the case involving the death of the boy Henry Borel gained another chapter of tension this Wednesday (27), after the defense of former councilor Doutor Jairinho obtained an injunction in the Court of Justice of Rio de Janeiro (TJRJ) to postpone the defendant's interrogation in the jury room.
The decision by the 7th Criminal Chamber ensures that Jairinho will only be heard after the testimony of Monique Medeiros, also a defendant in the case. Lawyers Rodrigo Faucz and Alanis Matzembacher argued that the accused needs to know the full content of the accusations presented during the trial before speaking to the jury.
According to the defense, the request had already been made to Judge Elizabeth Louro at the beginning of the session, but was denied in the first instance. After appealing to the court, the lawyers obtained a favorable preliminary injunction.
In a statement, Faucz affirmed that the measure guarantees the right to a full defense. "It's unacceptable that someone being accused should have to speak before the accusation. This is fundamental in any state governed by the rule of law," he declared.
Testimony sparks debate
The third day of the trial at the 2nd Jury Court of the Capital, in downtown Rio, was also marked by the testimony of psychiatrist Rafael Bernardon, hired by Leniel Borel, Henry's father, to prepare a report attached to the case file.
During the hearing, the expert stated that he had identified an alleged "repetitive pattern of child abuse" attributed to Jairinho. According to Bernardon, accounts from the former partners of the ex-councilman point to episodes of aggression against children.
The psychiatrist also stated that Jairinho exhibited "narcissistic, perverse, and sadistic personality traits." This statement provoked an immediate reaction from the defense, who questioned the validity of the report because there had been no direct interview with the defendants.
Jairinho's lawyers classified the testimony as inappropriate and alleged a violation of psychiatric ethical guidelines. Despite the protests, the requests to interrupt the hearing were rejected by the judge.
Tense atmosphere in the plenary session.
Besides the legal disputes, the trial had an unusual moment. During the testimony, the table where Jairinho and his lawyers were sitting collapsed inside the courtroom, knocking over computers and interrupting the session for about five minutes.
Since the start of the trial, the case has been marked by requests for annulment, arguments between the prosecution and the defense, and testimonies from investigators involved in the investigations.
On Tuesday (26), delegate Ana Carolina Lima Medeiros de Caldas stated to the jurors that the investigation concluded that Monique was aware of the assaults suffered by Henry before the child's death.
Prosecution and defense
Jairinho and Monique are being prosecuted for the death of Henry Borel, which occurred in March 2021 in Rio de Janeiro. The prosecution maintains that the boy was a victim of abuse perpetrated by his stepfather and that the mother was aware of the violence suffered by the child.
The lawyers for both defendants deny the accusations.
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