STJ maintains arrest of judge's husband accused of killing banker in MT

The decision was signed by minister Luis Felipe Salomão and published this Tuesday (7). Antenor is married to judge Maria das Graças Gomes da Costa, from the Specialized Court for Children and Youth of Rondonópolis, who is removed from office.

In the request, the defense alleged excessive time in processing the case. The lawyers maintained that the businessman has been imprisoned for more than 10 months without a valid indictment decision.

Defense pointed out excessive deadline

In June of this year, the Mato Grosso Court of Justice (TJMT) annulled the decision that had sent Antenor to a popular jury. The measure was taken unanimously by the Second Criminal Chamber, after the judges understood that there was a violation of the right to full defense during the criminal proceedings.

With the annulment, the process must resume from the phase considered irregular by the Court.

Given the absence of a new pronouncement decision, the defense stated that there was an illegal constraint and argued that the preventive detention exceeded the 90-day period provided for reevaluating the precautionary measure. Therefore, he asked for the arrest to be revoked.

STJ saw no illegality

Minister Luis Felipe Salomão, however, denied the request. According to him, as the injunction has not yet been analyzed by the Court of origin, Precedent 691 of the Federal Supreme Court (STF) must be applied, which prevents the higher court from considering habeas corpus against a decision not yet examined by the previous court.

The judge also stated that he had not identified a situation of flagrant illegality or exceptionality that would justify departing from the application of the summary.

“The jurisprudence of the Superior Court of Justice is established in the sense that habeas corpus is not applicable against a decision that rejects an injunction in origin, in the wake of Precedent No. 691 of the Federal Supreme Court, applicable by analogy, except in the case of flagrant illegality or teratology of the contested decision”, highlighted the minister.

As a result, Antenor remains imprisoned.

The crime

According to the Civil Police, Leidiane Souza Lima and Antenor Alberto de Matos Salomão maintained an extramarital relationship, from which a daughter was born.

The banker was killed on the morning of January 27, 2023, in the São Jorge neighborhood, in Rondonópolis, when she was leaving home to work. She was surprised by a man wearing a helmet.

According to the investigation, Leidiane was hit by several gunshots, including after falling to the ground, and died at the scene.

Antenor was charged with feminicide and arrested in February 2023, while investigations were ongoing.

Judge removed and suspected of interference

Married to Antenor, judge Maria das Graças Gomes da Costa was removed by the TJMT in January this year, following a disciplinary complaint presented by the Public Ministry of Mato Grosso (MPMT) to the National Council of Justice (CNJ).

Judge Maria das Graças Gomes da Costa, who is removed from office According to the MPMT, there is evidence that the judge was aware of circumstances related to Leidiane's femicide. The complaint also points to suspicions of interference by the judge in the legal dispute over the custody of Antenor's daughter and the victim.

The agency cited records of telephone calls between the magistrate and the businessman during the period of the crime, including contacts made shortly after the bank employee's murder. The MPMT also mentioned the alleged use, by Antenor, of the judge's functional weapon possession document.

For the Public Ministry, there is evidence of institutional action in favor of the businessman during the process. The suspicions led to the opening of a Disciplinary Administrative Proceedings (PAD) against Maria das Graças, which is being processed at the Mato Grosso Court of Justice.