Municipal prosecutor Francisco Valadares Neto, suspected of ordering the murder of doctor Elyne de Assis Nogueira for R$40,000 on November 2, had already been planning the victim's death since September, according to judge José Leite de Paula Neto, from the Brasiléia Criminal Court, in the interior of Acre. The information appears in a judicial decision in the process investigating feminicide.
In the document, the judge states that the evidence indicates that the murder began to be planned about two months before the execution. According to him, while the Court was authorizing requests for health treatment made by Valadares' defense in the protective measure process, the investigator was already articulating the doctor's death.
According to the text, Valadares was also held in preventive detention due to the risk of escape across the dry border with Bolivia. In the decision, the judge highlights that Valadares would have the financial conditions and local influence to leave the country and escape the application of criminal law. The risk was one of the reasons considered to keep him in prison.
The judge also cited the prosecutor's conviction for domestic violence against the former mayor of Brasiléia Fernanda Hassem, with whom he had a relationship. For the judge, these circumstances reinforce the need to keep him in prison to avoid further threats, intimidation of witnesses or interference in the collection of evidence.
"The custodian has a history of gender-based violence against former partners, demonstrated absolute disregard for court orders by deliberately violating the electronic monitoring perimeter on the very night of the victim's execution, in addition to having used his financial power and his political and functional influence as Municipal Prosecutor, former councilor and lawyer, to persecute the victim", he added.
The decision also analyzed the defense's requests to change the location where Valadares would be held. The lawyers requested that he be transferred to a private psychiatric clinic in João Pessoa, Paraíba. Another request was for him to remain in a single room at Hospital Santa Juliana, in Rio Branco, and then be taken to the BOPE barracks.
However, the Court denied the requests and ordered the prosecutor to remain in the Francisco de Oliveira Conde Penitentiary Complex (FOC), in Rio Branco, where he must receive medical follow-up.
For the judge, the health structure of the prison itself allows Valadares to receive the necessary care without having to remain hospitalized outside the unit. His defense informed that the statements regarding the case remain only in the case records.
One of the points considered by the magistrate was the existence of a mental health wing and an observation space within the penitentiary complex. According to the decision, the location allows the person being investigated to be separated from other prisoners, with constant monitoring by criminal police officers and monitoring by the health team.
The decision also mentions differences in the information presented during the service. Among them, reports that Valadares had expressed his intention to take his own life and refused medication.
The magistrate also pointed out a contradiction between the information that he had used cocaine for the first time in November and previous statements by the victim, which already reported the investigation sending photos of drugs in August.
Despite denying transfer to hospitals and external facilities, the judge ordered Iapen to keep Valadares separate from ordinary prisoners and members of criminal organizations. After being discharged from this space, he must be taken to a safe pavilion or individualized protection cell.
"Allowing an investigator with such dangerousness, financial capacity for co-option and local influence to remain unduly housed in an open bed in a public emergency room [...] means dangerously weakening state surveillance and reopening space for the accused to try to intimidate witnesses, align versions with co-authors or obstruct the collection of evidence in the criminal investigation, in addition to even facilitating self-extermination instead of preventing it", argued the magistrate.
Valadares was found unconscious the morning after Elyne's murder, on November 3. He was taken to the Alto Acre Regional Hospital, in Brasiléia, and then transferred to Rio Branco in an ambulance from the Mobile Emergency Care Service (Samu), after ingesting a large amount of medication.
On Monday (9), he was medically discharged from the Rio Branco Emergency Room and was taken to the Francisco de Oliveira Conde Penitentiary Complex, where he was remanded in custody.
Less than 24 hours later, on Tuesday night (10), he was admitted to the health unit again. According to Iapen, he exhibited behavior that indicated a risk of suicide and needed to remain under psychiatric observation.
On Wednesday morning (11), he was discharged again and returned to the prison, where he has since been in an individual cell in the health unit, under medical supervision.
The prosecutor also underwent a custody hearing and was placed under preventive detention by the Brasiléia Court.
The Acre Court removed full secrecy from the process investigating Elyne's murder following a request from the State Public Prosecutor's Office.
The decision allows the doctor's family members, including her husband and mother, to formally follow the investigation through their lawyers and have access to the evidence already documented.
Despite the removal of confidentiality, information considered sensitive remains protected, such as the victim's personal documents, medical records, statements and records related to the crime. In the judicial system, the doctor's name also began to be identified only by her initials.
Elyne de Assis Nogueira was shot to death at the age of 39, on November 2, in a bar in Brasiléia. The case is investigated by the Civil Police as feminicide. She was buried in the São João Batista Cemetery, in the municipality, on November 4th.
The victim worked at the Brasiléia Regional Hospital and at the Dr. Ricardo Barbosa da Silva Basic Health Unit. A specialist in family and community medicine, she was 39 years old and was known for her care for patients and the welcoming way in which she treated people, according to friends.
To g1, a friend who preferred not to be identified described the doctor as a happy person, who won over those who lived with her. In addition to her dedication to her profession, Elyne enjoyed going to the gym, taking care of her health and enjoying moments with people close to her.
Nurse Estefane Rocha, a friend of the doctor, also highlighted the importance that Elyne had in the lives of those around her. During the seventh-day mass, she said that her friend managed to be a doctor, daughter, mother and sister for the people who needed her. “She was an enlightened person,” he summarized.
Doctor Francisco Nogueira, Elyne's ex-husband, stated that the family was moved to see the affection that the professional aroused in so many people, even though she had only lived in Acre for a short time.
"It's very warm to know that she touched so many people, that so many people were touched by her kindness, her affection, her dedication," he declared.
