TJSP denies appeal and military police will go to popular jury for death of medical student

The 12th Chamber of Criminal Law of the Court of Justice of São Paulo (TJSP) unanimously denied the appeal presented by the defenses of military police officers Guilherme Augusto Macedo and Bruno Carvalho do Prado, accused of the death of medical student Marco Aurélio Cardenas Acosta, in November 2024, in Vila Mariana, in the South Zone of São Paulo.

The young man was killed with a point-blank shot fired in the lobby of the hotel where he was staying, in Vila Mariana, in the South Zone of São Paulo, in November 2024.

With the decision, taken this Tuesday (29), the two police officers will be put on trial by the Jury Court. The TJSP also maintained the two qualifications mentioned in the accusation: a bad motive and a resource that made the victim's defense difficult. The date of the popular jury has not yet been set.

The PMs' defense had asked for the defendants' acquittal or indictment — when the accused is not taken to the jury due to a lack of sufficient evidence. They also requested that the qualifiers be removed from the process.

In an interview with g1 this Tuesday (29), Júlio Cesar Acosta Navarro, father of Marco Aurélio, became emotional when talking about the decision. With a choked voice, the doctor stated that the trial represents progress in the process and highlighted statements made during the session.

"I'm moved, because the judge, the prosecutor, the other lawyers paid a kind of tribute to my son today, in the sense that now another stage of the justice process is moving forward", he stated.

According to Julio, the judges understood that the two police officers must answer to the Jury Court.

"All the judges agreed that these two cowardly PMs are defendants, they are murderers, these two murderers have to go to jury trial", he added.

Julio also criticized the fact that police officers remain at large and wear the uniform of the Military Police. He asked that the corporation be held responsible for the two's stay at the institution.

"These two killers are wearing uniforms and being out there, on the loose, threatening people, setting a bad example and making the corporation dirty. It was a manhunt [what they did to my son]," he said.

The father also said that, according to the version presented by him, the police officers would have spoken before the approach and chased Marco Aurélio. He also stated that the student was shirtless at the time of the shooting.

In a statement, the police officers' defense stated that they respect the Court of Justice's decision, but disagree with the judges' understanding.

"The defense respects the decision of the Court of Justice, but does not agree. The aspects of self-defense are duly proven in the records and the accused should not be subjected to a popular jury."

The thesis of self-defense had been presented by the PMs' defense during the process.

According to the note sent by the defense of Marco Aurélio's family, in addition to deciding to maintain the pronunciation, the TJSP maintained the two qualifications attributed to the case: a bad reason and an appeal that made the victim's defense difficult.

The prosecution assistance states that the maintenance of the qualifications represents the understanding, at this stage of the process, that there are sufficient elements for these circumstances to be analyzed by the Jury Court.

The decision does not represent a condemnation of the police officers. The ruling only determines that the case be taken to a popular trial, which will be responsible for deciding on the defendants' liability.