The São Paulo Court ordered the preventive arrest of military firefighter Marcos Paulo Fujarra de Oliveira, aged 28, accused of shooting dead medical student Bruno Hashimura San Juliano, aged 23, after a traffic fight in Taubaté (SP).
The decision, this Friday (2), is from the 15th Criminal Law Chamber of the São Paulo Court of Justice (TJSP). The rapporteur, judge Gilda Alves Barbosa Diodatti, granted an injunction to the appeal presented by the Public Ministry and ordered the issuance of an arrest warrant against the firefighter.
The decision determines the issuance of the arrest warrant, but emphasizes that compliance must comply with article 236 of the Electoral Code. The rule prevents the arrest of voters from five days before the election until 48 hours after the end of voting, except for exceptions provided for by law.
As the 1st round takes place this Sunday (4), the restriction has been in force since Tuesday (29) and continues until Tuesday (6). In other words, Marcos can only be arrested after this period.
Marcos Paulo Fujarra de Oliveira's defense was sought by g1 this Saturday (3) and there was no response until the last update of this article. Since the case, the defense has claimed that the military firefighter acted in self-defense.
Marcos had been arrested in the act after Bruno's death, but received provisional release at the custody hearing, held on Thursday (1st).
At the time, the Court determined precautionary measures, such as night-time home confinement, periodic appearances in court, prohibition of contact or proximity to the victim's family and suspension of firearm possession. The Public Prosecutor's Office appealed the decision and requested the accused's preventive detention.
In this Friday's decision, the rapporteur considered that there is proof of materiality and evidence of authorship of the qualified homicide. He also pointed out the concrete seriousness of the conduct, the use of a firearm on public roads and the need to guarantee public order and criminal investigation, including the protection of a witness kept confidential.
Investigation
The preventive detention order occurred on the same day that the Civil Police concluded the investigation into Bruno's death. In the final report, Marcos was indicted for qualified homicide for futile reasons and for a resource that made the victim's defense difficult or impossible.
The Civil Police also represented the firefighter's preventive arrest and rejected the version of self-defense presented by him.
The crime took place on Wednesday morning (30), on Avenida Professor Walter Thaumaturgo, known as Avenida do Povo, in Taubaté.
According to the conclusion of the investigation, Marcos and Bruno were involved in a traffic dispute. The firefighter allegedly got out of the Jeep Renegade he was driving, went to Bruno's car and hit the driver's door window until it broke. Afterwards, according to the police, he fired shots at the student.
Bruno was hit by four shots: one in the neck, two in the chest and one in the left arm. Even though he was injured, he managed to leave the car and tried to escape, but he couldn't resist.
Firefighter version
In his statement, Marcos stated that he believed he was facing an attempted robbery. According to him, Bruno had a metallic object that looked like a firearm and also tried to attack him with a knife. The defense maintains that the firefighter acted in self-defense.
The Civil Police, however, concluded that the elements gathered during the investigation do not support this version. According to the report, no firearm was found with Bruno and witnesses did not report seeing the student wielding a firearm or a knife.
What the witnesses say
Marcos' wife also gave a statement and stated that she believed the situation could be an attempted robbery. According to the police report, however, she said she was not sure what object Bruno had in his hands and did not directly witness the shooting.
Previous occurrences
One of them occurred in Caçapava and involved an investigation for threat and damage. The other was recorded in São José dos Campos and, according to the report, involved a traffic dispute during which Marcos allegedly identified himself as a military police officer and pulled out a weapon.
The two episodes were archived, and the report highlights that the firefighter has no final criminal convictions related to these cases.
The defense claims that the previous incidents were archived and that the episodes must be analyzed within their legal context.
What the defense says
Marcos' defense, carried out by lawyer Cláudio Rodrigues Moreira, had informed g1 that he will contest the Civil Police's final report.
The lawyer maintains that Marcos was the victim of a traffic stop and that, afterwards, Bruno showed an object that the firefighter believed to be a weapon.
The defense also claims that the firefighter identified himself as a soldier and ordered Bruno to get out of the car. According to this version, the student had broken his own glass with a knife and, at that moment, Marcos fired the shot.
Regarding the preventive arrest warrant decreed by the Court, the defense was contacted by g1 this Saturday (3) and there was no response until the last update of this article.
