The 2nd Tribunal of Júri of Rio of Janeiro sentenced Jairo Souza Santos Júnior, known as Jairinho, to 43 years, 9 months and 20 days in prison for the death of Henry Borel. The sentence was read in the early hours of Thursday. Judge Elizabeth Machado Louro granted judicial pardon to Monique Medeiros, the child’s mother.
Sentença’s Conselho downgraded the charge from intentional homicide to manslaughter in her case. The jurors understood that there was no intention to kill nor assumption of risk. Monique was also convicted of omission in relation to the torture suffered by her son. The sentence of 1 year and 4 months of detention was considered to have already been served for the time in prison.
The decision generated immediate reactions. Rio’s Ministério Público announced feature. Jairinho’s defense will seek to nullify the trial.
Conselho of Sentença recognizes responsibility but disqualifies crime
The seven jurors voted after ten days of sessions. Eles concluded that Monique acted negligently. The disqualification for manslaughter ruled out the thesis of intent.
Jairinho, former councilor, received a harsher sentence. Ele was convicted of intentional homicide and other related crimes. The sentence determines an initial closed regime. Ele must still pay R$400,000 in compensation for moral damages to Henry’s father, Leniel Borel.
- Responsabilidade criminal Monique recognized for manslaughter
- Omissão in torture confirmed with sentence already served
- Jairinho sentenced to more than 43 years in prison
- Recurso announced by Ministério Público
Juíza justifies forgiveness based on consequences suffered by his mother
Elizabeth Machado Louro cited Monique’s suffering over five years. Ela mentioned the loss of his son and the intense public exposure. The judge described the social reaction as disproportionate and disproportionate.
The judge also highlighted what she considered gender discrimination. Segundo her, society demands an unrealistic standard of motherhood. Testemunhas reported that Monique treated his son well before the facts. Ela was a primary defendant, with no prior record.
The sentence applied article 121, paragraph 5, combined with article 107 of the Código Penal. The judicial pardon extinguished the punishment for manslaughter.
Entenda the difference between acquittal and judicial pardon
Monique was not acquitted. Tribunal of Júri imposed conviction. The judge used the Código Penal mechanism to extinguish the sentence.
Judicial pardon applies to manslaughters when the consequences already sufficiently punish the convicted person. Especialistas explain that it does not erase the conviction record. The person does not serve prison terms, but bears the criminal effects.
Leniel Borel, Henry’s father, criticized the decision. Ele called the result his son’s third death. The MPRJ questions possible interference by the judge in questioning jurors.
Repercussão and next steps in the process
The sentence ends the longest trial in Rio’s recent history. Familiares of Monique celebrated in the plenary. Ela waved and made a heartfelt gesture to relatives.
Ministério Público will appeal the application of the judicial pardon. Jairinho’s defense must also present resources. The case must proceed to higher courts.
Henry Borel died in March 2021, aged 4. The boy showed signs of aggression. The process investigated the responsibilities of the mother and stepfather.
Detalhes sentence and case history
The judge read the decision for hours. Ela expressed amazement at the social pressure against Monique. The judge compared the treatment that a father would have in the same situation.
Monique remained in the plenary throughout the reading. Jairinho heard part of the hallway’s sentence. His conviction includes serious qualifications.
The trial lasted 11 days. Depoimentos of experts, doctors and family members scheduled the sessions.