On the night of August 8, Ronaldo Santana Nogueira, 21, and Rodrigo Alves de Andrade, 25, were having dinner with friends at a pizzeria on Avenida Miguel Stefano, in the Saúde district, in the south of São Paulo. It was after 7 pm when six Military Police vehicles stopped in front of the establishment and arrested the two.
Minutes before, Andrade noticed that he was faced by lawyer Luciana Alves (fictitious name). He thought it would be a flirtation and returned the attention. “She kept looking at me, I gave it back. Only later did I understand what was really going on”, recalls the young man.
“When I saw it, the policeman dragged me through the sweatshirt den and said ‘lost it, thief’ and I didn’t understand anything. Then he started to search us outside and asked ‘where is the cell phone you stole here yesterday?’ I told him I had never been there, that it was the first time.”
Ten days earlier, on July 29, at 7:28 pm, Luciana Alves was assaulted a few kilometers from the pizzeria, on Rua Biodebas, also in the Saúde district, by two men wearing a helmet on a motorcycle. The hitchhiker got out, pointed a gun at the lawyer and took his cell phone.
Alves registered three police reports at the 16th Police Station, located in Vila Clementino, also in the south of São Paulo. The first, for theft, the other two, for financial transactions in your account through your cell phone.
In the first police report, Alves says that one of the criminals pointed a gun in his face and asked for his cell phone and car keys. Meanwhile, the motorcycle driver yelled at him to shoot the lawyer.
In the images of a building on the street where the crime took place, it is possible to see that the assailants never remove their helmets. Despite this, the lawyer decided to offer, in the police report, a physical description of the criminals. Both, according to Alves, did not have a beard.
Ten days later, having dinner at the pizzeria, the lawyer sees Andrade and Nogueira at a table a few meters from hers and decides to call the police informing them that she found the men who assaulted her. The curious thing is that they both have beards.
Nogueira and Andrade are from Riacho de Santana, in the interior of Bahia, and have been in São Paulo since March 23, working as bricklayers for a construction company. They live in a company housing, close to the work where they work.
The images of the entrance to the accommodation, which the Brazil in fact had access, show Rodrigo Alves de Andrade arriving at the accommodation with dinner at 6:02 pm, still wearing the work helmet. According to company employees who live there, the two spent the night with them.
The police searched the accommodation and found no weapons or the lawyer’s cell phone. Neither of them has a motorcycle. Even in the face of sensitive circumstances and without the flagrante delicto, delegate Stefano Uszkurat, from the 16th Precinct, ordered the arrest of Nogueira and Andrade on August 8th. With no criminal record, they were imprisoned for 30 days at the Temporary Detention Center (CDP) Belém II, on the east side of São Paulo.
On September 9, they were released. “I was distressed. You stop at a place and ask what you did to stop at that place. With no response from anything, seeing only the lawyer and undergoing humiliation and abuse by the police, they mocking their case, smiling and not even being able to say anything, because they say it’s contempt,” says Rodrigo Andrade.
From the experience, the trauma remained. “Just yesterday, I went out with the guys here to eat. The head gets heavy, you think that something could happen at any moment. He goes through the police and is afraid, the police humiliate people who are workers. That’s why most people go out there and go into crime, when crime gets in there, it protects you more than the police.”
For the lawyer André Alcântara, from the Gaspar Garcia Center for Human Rights, who has advised Andrade and Nogueira, the arrest and the case “are absurd”. The defender regrets that delegate Uszkurat has disrespected the rights of the pair accused of the crime.
“It is a practice of the police, which offers a precarious service to the population. Of course, we don’t want it to be an investigative sitcom police. But let her be responsible and act according to law and technique. Do you study at the police academy, study investigative procedures and rely (to determine arrest) on the testimony of a witness ten days later? This is very precarious. Still with accused of physical residence and employment”, laments the lawyer.
It was scheduled for this Tuesday (21), at 3:45 pm, at the 9th Criminal Court of Barra Funda, in the west side of São Paulo, the hearing for the investigation and trial of the case. However, the judge rescheduled the hearing:
“In view of the defense’s request, as well as considering that tomorrow  the office was suspended by determination of e. Presidency of the Court of Justice as a result of rupture of the water pipe in the building of the Central Criminal Forum, be released from the agenda at the hearing designated on pages 142/145. Make the Public Ministry aware. Afterwards, make the case closed for reassignment of the hearing, debates and judgment.”
On September 16th, the Brazil in fact contacted the São Paulo Public Security Secretariat (SSP-SP), listing the possible flaws in the prison of Nogueira and Andrade. By the end of this article, the folder had not responded. If you do, the text will be updated.
Edition: Anelize Moreira