Porsche driver Fernando Sastre’s 2025 freedom plea rejected again by São Paulo court over 2024 fatal crash

Fernando Sastre, the driver of the blue Porsche involved in a deadly 2024 accident, recently had a new request for release from preventive detention denied by a São Paulo court. The decision maintains his imprisonment as legal proceedings continue in this high-profile case.

The incident, which occurred in March 2024 in São Paulo’s East Zone, resulted in the death of application driver Ornaldo da Silva Viana and injuries to passenger Marcus Vinicius Machado Rocha. Sastre remains detained while awaiting trial.

Defense attorneys for Sastre had sought his release, proposing the imposition of precautionary measures as an alternative to incarceration. This latest judicial review has affirmed the necessity of his continued detention.

Court upholds detention for Porsche driver

Judge Fernanda Perez Jacomini, presiding over the 1st Jury Court of the capital, rejected the defense’s request. Her ruling cited “sufficient evidence” to justify the decision, emphasizing the gravity of the alleged actions.

The court’s documentation highlighted that “sufficient evidence is extracted from the elements collected so far – notably witness statements, combined with other evidence in the records – indicating that the defendant, while driving a motor vehicle, possibly under the influence of alcohol, collided with the victim’s vehicle, causing his death.”

Defense criticizes disparity in judicial treatment

Jonas Marzagão, Sastre’s lawyer, expressed strong disagreement with the court’s stance. He argued that Sastre is currently the sole defendant in a fatal accident case in São Paulo who is not at liberty, despite numerous similar or even more severe incidents.

Marzagão stated that “all other cases, or similar ones, with a greater number of victims, excessive speed, proven intoxication, similar car or not, all defendants are at liberty. Without exception.” He also noted that Fernando Sastre remained at the scene until victims received assistance and was released by police, only failing to perform a breathalyzer test due to the device’s unavailability. Furthermore, the lawyer underscored Sastre’s spontaneous presentation to authorities following the preventative detention order, presenting this as evidence of cooperation and dismissing any concrete flight risk.

The fatal collision of march 2024

The tragic accident unfolded in the early hours of Easter Sunday in March 2024, on Avenida Salim Farah Maluf in the Tatuapé neighborhood. Sastre was driving his Porsche at an estimated speed of 156 km/h, far exceeding the 50 km/h speed limit for the road.

This high-speed maneuvering led to a fatal rear-end collision with the Sandero driven by Ornaldo da Silva Viana, claiming the life of the app driver and severely injuring Sastre’s friend, Marcus Vinicius Machado Rocha, who was a passenger in the Porsche.

Initial police handling and later presentation

Following the accident, responding police officers allowed Sastre to leave the scene accompanied by his mother, who stated she would take him to a hospital. This decision later became a point of contention.

When authorities subsequently visited the hospital to conduct a breathalyzer test and gather Sastre’s account of the accident, neither he nor his mother could be located. A police military inquiry later concluded that the officers erred by not conducting a breathalyzer test immediately at the scene.

Sastre eventually presented himself at the 30th Police District of Tatuapé almost 40 hours after the incident, on April 1, the same day Viana was buried in Guarulhos, Greater São Paulo.

Prior appeals and legal precedents

Sastre faces charges of qualified homicide due to “common danger” with eventual intent (dolus eventualis) and severe bodily injury. His legal team has made repeated attempts to secure his release, including appeals to higher courts, which have consistently been denied.

The consistent denials, including by the Superior Court of Justice (STJ) on previous occasions, underscore the judiciary’s firm stance on maintaining his detention. Such decisions often weigh heavily on the perceived concrete gravity of the defendant’s conduct and the circumstances surrounding the alleged crime.

The ongoing legal battle highlights the complexities of cases involving high-speed collisions and alleged influence of substances, particularly when resulting in fatalities. Judicial authorities often prioritize public safety and the prevention of future offenses.

The court’s recent ruling specifically mentioned “the concrete gravity of the conduct, allied with the circumstances in which the event allegedly occurred, reveals a concrete risk of reoffending, as well as evidencing the agent’s dangerousness, circumstances that justify the maintenance of precautionary segregation.”

Public and legal implications remain

The case continues to draw significant public attention, highlighting broader discussions surrounding justice, accountability, and legal equality in high-profile traffic fatalities across São Paulo.