Case of the boyfriend accused of keeping his girlfriend in private captivity gets twist in PG

The arrest of a man under investigation for alleged private imprisonment and bodily injury in the context of domestic violence has become a center of legal impasse in the Paraná. After the Justice converts the flagrante prison of the accused in pre-trial detention - determining that he remains detained during the progress of the procedural instruction - the technical defense of the investigated manifested vehement public disagreement with the decision.

In an official statement, criminal lawyer Helian Kosloski, responsible for defending the defendant, declared that the maintenance of precautionary custody is disproportionate and formally challenged the very capitulation of the crimes attributed by the police authority. "The defendant's technical defense of private imprisonment and bodily injury in a context of domestic violence disagrees with the decision to convert the flagrant prison into pretrial detention," Kosloski said.

Defensive thesis questions investigation and alleges lack of evidence for prison

The main point of insurgency of the lawyer is based on the legal qualification of the facts. According to the defense, when analyzing in detail the evidence and the testimonies collected in the police investigation, it is found that there are no factual requirements for the characterization of the crime of private prison.

"This is for two reasons: the first is that they do not agree with the typification of the crimes, with the framing of the crimes in private prison, this is for the very elements that were raised in a police investigation," argued the jurist.

The lawyer's thesis is based on the understanding that not every conflict in the domestic environment configures the severe deprivation of liberty required for the prison framework, and the conduct should be evaluated with technical rigor to avoid accusatory excesses.

Defense suggests electronic anklet and protective measures

In addition to combating the crime frame, the defense alleges that the investigated person has favorable personal conditions – such as primacy, fixed residence and lawful occupation –, which removes the need for pretrial detention as an extreme measure.

Kosloski pointed out that the Judiciary has perfectly effective alternative tools to safeguard the integrity of the victim and ensure the regular progress of the investigations without the need to keep the accused incarcerated. "On the other hand, we have positive conditions of the agent that allow him to respond to this process in freedom, including the possibility of applying precautionary measures, such as electronic monitoring, application of emergency protective measures - that is, that enable and ensure criminal prosecution and the safety of the victim," said the lawyer.

Habeas Corpus will be impenetrated in TJ-PR

The defendant’s legal team confirmed that it will appeal to the State Court of Paraná (TJ-PR) to reverse the decision. The request for habeas corpus will be filed under an urgent procedure, seeking an injunction to grant the provisional freedom to the client, subordinate or not to the compliance with the suggested precautionary measures.

"That said, the defense intends to file a habeas corpus in the next few hours with the State Court of Justice of Paraná so that the defendant is re-evaluated and released," Kosloski said. The case is now awaiting a demonstration by the judges of the state court, who will have to analyze the legality of the maintenance of pretrial detention against the arguments brought by the defense.