Another Cleriston? Moraes denies release of prisoner by 8/1 who is ill

The municipal guard and journalist, Joelson Sebastião Freitas, 47, has been in prison since March, eight months ago, for having participated in the events of January 8th. His health situation is similar to that of Cleriston Pereira da Cunha, who had been in prison since January 8th and died last week. Like Cleriston, Joelson suffers from comorbidities. The Attorney General’s Office (PGR) has already given two favorable opinions for Joelson’s provisional release, but the Federal Supreme Court (STF) rejected both recommendations.

Minister Alexandre de Moraes, rapporteur of the case, did not explain the reasons behind the decisions contrary to the PGR’s guidance. According to the PGR, the prisoner could be released if he meets the conditions set out in the Code of Criminal Procedure, mainly because he does not put public order at risk. Even after eight months in prison, the police have not yet completed the investigation phase and legal action has not been opened.

Hypertensive, with hearing loss and severe ear pain due to a perforated eardrum, Joelson requires a lot of medication in prison. This Tuesday (28), the prisoner’s defense sent his updated health situation to the STF. A forty-page medical record confirms that the prisoner needs a large quantity of medication. The municipal guard also struggles with depression, which worsened after the news of Cleriston’s death. The request is based on the jurisprudence of the STF, which has already granted humanitarian house arrest to prisoners at high health risk and responsible for children under six years of age.

“I want my husband to be here for Christmas. May we not receive such sad news as Cleriston’s family did”, asks Marisa Aparecida Aires, Joelson’s wife. Marisa had to take care of the family alone.

The document presented by the lawyers also states that Joelson “will go on hunger strike until his request is effectively seen and assessed” and that he said that “dead or alive he will leave jail”. He was also asked to receive specialized and appropriate care from a psychiatrist, otorhinolaryngologist, cardiologist and neurologist.

Criminal law and STF jurisprudence would be in favor of release

Joelson’s lawyer, Tatiana Zenni, reports difficulties in accessing the files at the STF and being heard by the Court. In the documents obtained, there is no evidence that Joelson has committed crimes, but requests for release fall into place. “Cleriston’s lawyer presented eight requests for him to be released. It’s not the lawyers’ lack of preparation. It’s a lack of voice, we are not heard”, compares Zenni.

The law determines that preventive detention is reviewed every 90 days so that a new analysis can be made regarding the need for detention. “The minister carried out the first review, which would have to be carried out after 90 days, with 112 days in prison. The second, which would have to be done after 180 days, he already did after 223 days”, says Zenni.

Marisa and Joelson have been taking care of their two-year-old granddaughter since the little girl was 3 months old. “You need to see the love she has for her father. She says ‘Mommy, is my dad going to come and take me on my bike?’. Because he took her to daycare by bike”, shares Marisa. She adds that she tells the girl that “daddy is traveling.”

The Penal Code provides, in article 318, that the judge may replace preventive detention with home detention in the case of special care for children under six years of age. The STF jurisprudence also follows this line. Especially due to the need to protect minors from situations that put them at risk, whether physical or emotional.

Joelson participated in the events of January 8th with a journalist badge

The couple left Foz do Iguaçu (PR) for Brasília to participate in the demonstrations on January 8th. They arrived the day before and slept at the Army HQ. On the 8th, they went down to the Esplanada along with other people who were also camping. They noticed the lack of control of the protesters and the actions of the police and tried to be cautious.

Marisa states that they knew they should not invade the public building, much less commit acts of vandalism. In addition to her husband, Marisa is a municipal guard and they both understand public safety. In this way, they took the necessary care to preserve public assets.

Joelson, who also has a journalist registration, was wearing the badge that identified him. He contributed to a community radio station in Foz do Iguaçu. From the Palácio do Planalto ramp, Joelson took footage that received just two likes on social media, according to the lawyer, but which later ended up being broadcast by a local TV station, gaining more visibility.

Also according to the defense, there is no other evidence that Joelson committed any crime. But the STF has adopted the line of “multitudinous crime”, stating that the crimes were committed in groups and not seeing the need for individualization of conduct.

He was arrested at home on March 18, but the police still do not have a deadline to close the investigation phase. To date, criminal proceedings have not been initiated. Despite the time he has been in prison, his health situation and the distance from the granddaughter he cares for, Joelson’s process continues with no end in sight.