Acusado de roubar e matar taxista é condenado a mais de 33 anos
Justiça negou recurso e manteve a sentença da 2ª Vara Criminal da Comarca de São Carlos. Latrocínio foi cometido pelo rapaz junto com dois adolescentes
Lucas Castro/Jornal Primeira Página*
A 16ª Câmara de Direito Criminal do Tribunal de Justiça de São Paulo negou provimento ao recurso defensivo e manteve a pena de Douglas Aparecido Antunes, de 22 anos, vulgo Gordo, que participou, junto com dois adolescentes, no latrocínio do taxista de Ribeirão Bonito, José Claudio de Bodas, 59, ocorrido em 13 de março de 2014.
A Procuradoria Geral de Justiça, em seu parecer, opinou pelo improvimento do recurso defensivo, provendo-se apenas o apelo do Ministério Público.
De acordo com o relator Guilherme de Souza Nucci, “o delito de latrocínio restou plenamente delineado, não existindo dúvidas da ativa participação do réu na produção do resultado”, sendo mantida a condenação por roubo seguido de morte.
Outro fato foi a comprovação dos comparsas do réu serem menores de idade, sendo o acusado também condenado no artigo 157, § 3º, 2ª parte, do Código Penal, e artigo 244-B, do ECA, na forma do artigo 70, do diploma penal. “O objeto jurídico do tipo penal é a formação moral do menor. Esta formação moral e intelectual, à evidência, é permanente e, assim, está sujeita a constantes alterações, tanto para o bem, quanto para o mal. Por não ter ingressado ainda na fase adulta, está em constante desenvolvimento. Enquadrar um menor de 18 anos como indivíduo já corrompido, seria ignorar a sua possibilidade de recuperação pessoal”, destacou o relator.
Dessa forma, o relator considerou que o magistrado, de maneira acertada, fixou as bases em 28 anos de reclusão e 100 dias multa, pois “não se trata de crime praticado sob violenta emoção, tendo sido calculado e planejado, considerando a superioridade de agentes e a consequente situação de vulnerabilidade da vítima, considerando que, consoante depoimento do delegado de polícia, os três executores narraram o crime com extrema frieza, a ponto de emocionar um experiente delegado, considerando ainda que a vítima clamava pela sua vida, sem qualquer sinal de humanidade por parte do acusado e demais algozes”.
O relator aponta que em análise ao artigo 59, do diploma penal, justifica-se a fixação das bases em 28 anos de reclusão e 100 dias-multa, em virtude das circunstâncias do fato e da personalidade do réu, capaz de planejar o delito e executá-lo com extrema frieza, tirando a vida de uma vítima por nenhum motivo plausível.
Na segunda fase, em razão da confissão, as penas foram reduzidas para 25 anos de reclusão e 80 dias multa, e por fim, tendo em vista a participação de dois adolescentes, tornando a sentença final em 33 anos e 4 meses de reclusão e 106 dias-multa.
Crime – No dia do crime, o maior, agindo junto com dois adolescentes, de 15 e 17 anos na época, e grave ameaça exercida com um facão de cortar cana, planejaram o roubo ao taxista e, após o anúncio do assalto, amarraram suas mãos e seus pés, arremessando-o do alto de uma ponte ao rio, causando-lhe a morte, fugindo com um veículo Parati, um relógio de pulso e a R$ 320.
Na ocasião, um menor abordou o taxista e pediu para o mesmo fazer uma corrida até uma fazenda na zona rural, mas antes precisava pegar dois amigos na rodoviária.
O taxista aceitou fazer a corrida e seguiu o itinerário descrito pelos jovens, quando em um ponto da Rodovia Luís Augusto de Oliveira (SP-215), o trio pediu para o motorista entrar em uma estrada de terra e anunciou o assalto, rendendo a vítima.
Em seguida, os criminosos retornaram para rodovia e no Km 166 adentraram novamente em outra estrada de terra e foram até uma ponte, onde jogaram a vítima, ainda viva, amarrada, de uma altura de cinco metros.
Após cometerem o crime, os indivíduos fugiram, mas acabaram abordados pela Polícia Militar próximo o bairro Cidade Aracy, em São Carlos. Os dois adolescentes foram detidos e o maior conseguiu se esconder.
No dia seguinte, 14 de março, o maior foi preso no Jardim Zavaglia, em São Carlos.
*Matéria publicada na página 8 do Jornal Primeira Página desta quinta-feira (26). Para reprodução da notícia é necessária a autorização da direção do impresso.
A partir do dia em que a justiça começar a ser feita, oficialmente, na base do “olho por olho, dente por dente” a situação deve começar a virar a favor dos homens de bem.
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