Land Rover driver’s jury in São Paulo postponed again after appeal
The jury trial of Gustavo dos Santos Soares, a driver accused of running over and killing Fernando Palominio Zambori outside a nightclub in São Paulo’s South Zone, was postponed on November 11, 2026. The defense filed a habeas corpus petition with the Superior Court of Justice (STJ), which stopped the session before the debates between prosecution and defense could start.
The session was set for the Barra Funda Criminal Court and was the third attempt to bring the defendant before a jury for the death. The case has been rescheduled several times because of maintenance problems at the court building and because summoned people did not appear to testify.
Maurício Zambori, the victim’s father, said the defense sent the urgent request to the higher court in the early hours before the trial opened. The Institute of Legal Medicine (IML) report found that severe head trauma right after the impact on the sidewalk was the cause of death.
“Total outrage,” said Maurício Zambori. He added that Gustavo dos Santos Soares managed to file a habeas corpus at the STJ at midnight, and the jury would be postponed again.
Who is charged and where the case stands
- Defendant: Gustavo dos Santos Soares, driver of a luxury utility vehicle
- Victim: Fernando Palominio Zambori, killed in the street outside the nightclub
- Vehicle: a Land Rover Velar with no front or rear license plate
- Place: the exit of a parking lot in the Itaim Bibi neighborhood, South Zone of São Paulo
- Legal status: the defendant is free and must follow alternative measures to pre-trial detention
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Investigations led by the Civil Police found that the dispute began when the driver tried to maneuver on a public road and started shouting insults at the occupants of another car that was letting him pass. An acquaintance of the victim told police in a formal statement that he moved his own car into the opposite lane to make room for the imported SUV. Security cameras at the private venue helped investigators identify the license plate and the driver.
Fernando then walked toward the driver to talk about the space on the road, when the driver suddenly accelerated, hit him, and drove away without calling emergency help. A passenger in the front seat said at the time that the driver had drunk alcohol before taking the wheel and offering a ride. According to her, when asked about the severity of the crash, the accused said the pedestrian had only broken a lower limb.
Key dates from the 2022 crash to the postponed trial
- August 13, 2022: Fernando Zambori dies after being run over in front of the nightclub
- September 8, 2022: The court revokes the temporary arrest warrant after the driver agrees to hand over the vehicle and cooperate
- October 4, 2022: A request for preventive detention is rejected because the driver was following the court’s restrictions
- September 2023: The first preparatory hearing is suspended because of emergency maintenance at the Barra Funda court
- June 2024: A new hearing is canceled after a prosecution witness fails to appear without justification
- November 11, 2026: The jury session is postponed after the defense files the habeas corpus at the STJ
Between August and September 2023, family and friends held protests on 15 consecutive days at busy points in the capital, including Avenida Paulista, Avenida Francisco Matarazzo, the Cidade Universitária campus and the Freguesia do Ó and Piqueri bridges. The campaign pressed for faster progress in the criminal case, which had already been delayed several times.
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Restrictions the driver must follow while awaiting trial
The restrictions set by judge Roberto Zanichelli Cintra remain in force while the defendant waits for a new ruling. Under the interim decision, he cannot leave the city of São Paulo for more than eight days without express permission from the court, and he is barred from contacting witnesses named in the case.
He must also keep his home address and means of communication up to date in the case file. The case now waits for the STJ to decide on the emergency injunction requested by the defense. Once the decision is formally sent to the Tribunal de Justiça de São Paulo, the jury court in the capital will set a new calendar for the sessions.
