The Justice of Rio de Janeiro extended for five days the temporary arrest of doctor Walter Ferreira, partner of the PCS Lab Saleme laboratory, and employees Jacqueline Iris Bacellar de Assis, Cleber de Oliveira Santos and Ivanildo Ferreira dos Santos, involved in the infection of six transplant recipients who contracted the HIV virus in tests with false negative reports carried out in the laboratory.
In the decision, when denying the request of those investigated for house arrest, judge Aline Abreu Pessanha wrote that “temporary arrest translates into a precautionary measure restricting freedom, for a determined period of time, designed to enable investigations of crimes provided for by law. This is a necessary measure, as long as it is carried out within the law with the aim of investigating highly reprehensible conduct, which affects the social structure and tranquility of the community, with the present situation being inserted in this context”.
According to the judge, the freedom of those being investigated puts the investigation itself at risk, as it is necessary to ensure the hearing of victims, criminal investigation and to ensure the application of criminal law, adding to the fact that it remains necessary to identify the dynamics of the crime, in addition to the location of other victims and other perpetrators of the criminal enterprise.
“In effect, the exceptionality of the measure and the urgency of the arrest are based on the seriousness of the case and the negative repercussions on the lives of the victims, given the alleged criminal association involved in the preparation of false medical reports that caused the transmission of the HIV virus in several organ recipient patients, which could put the social environment at risk”, wrote judge Aline Pessanha.
With the decision, the four involved remain in state prisons available to the courts. The judge also said that “before the period of precautionary detention expires, the files must be forwarded to the Public Prosecutor’s Office, so that the prosecuting body with responsibility can evaluate the possibility of filing charges against the accused, requesting an extension of the period or other applicable judicial measure”.
