Jury - desclassification decision

death of the indigenous man Galdino Jesus dos Santos

Authors

  • Sandra de Santis M. de F. Mello

Keywords:

Desclassification, Eventual intent, Conscious negligence, Bodily injury followed by death, Jurisdiction

Abstract

The decision examines the desclassification of the intentional homicide charge against the defendants for the death of the indigenous man Galdino Jesus dos Santos, who was sleeping at a bus shelter when flammable substance was thrown on him. The text starts from the indictment based on eventual intent and analyzes the judge's options at the end of the instruction, under the Criminal Procedure Code. The exposition rules out negligent crime and arson, comparing eventual intent and conscious negligence, and examines the harmful potential of fire and the defendants' behavior after the facts. The decision concludes that bodily injury followed by death occurred, desclassifying the charge and declining jurisdiction to one of the Criminal Courts.

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References

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Published

1998-01-01

How to Cite

MELLO, Sandra de Santis M. de F. Jury - desclassification decision: death of the indigenous man Galdino Jesus dos Santos. Brazilian Journal of Criminal Science, São Paulo, v. 21, n. 21, p. 163–170, 1998. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3699. Acesso em: 20 oct. 2026.

Issue

Section

Pareceres e Trabalhos Forenses
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