Body of app driver killed by teenagers is found in Rio Pardo in Ribeirão The three teenagers, aged 13, 14 and 16, who confessed to the Civil Police that they killed app driver José Edson da Silva to steal his car in Ribeirão Preto (SP), are responsible for an infraction similar to robbery, robbery followed by death, and concealment of a corpse. ? An infraction is conduct described as a crime or criminal misdemeanor committed by minors under the age of 18, according to the Child and Adolescent Statute (ECA). As they are not criminally liable, they are subject to compliance with socio-educational measures and not to penalties such as those imposed on adults. Last Friday (17), the three teenagers were sent to Fundação Casa following a decision by the Children and Youth Court of Ribeirão Preto at the request of the Public Ministry (MP). According to the Civil Police, the teenagers said they called a race via app on Tuesday (14) with the intention of carrying out the robbery. The 16-year-old was identified as the perpetrator of the rear-naked choke that suffocated the driver. Then, the three went to Rio Pardo, in the Ribeirão Verde neighborhood, and threw José Edson into the water. The Civil Police do not rule out the hypothesis that the victim was alive when he was abandoned. The body was found on Friday. He was married and father of two children. Be part of the g1 Ribeirão e Franca channel on WhatsApp App driver José Edson da Silva, 43 years old Ribeirão Preto Sertãozinho Personal archive In Brazil, for those over 18 years of age, robbery carries a penalty of 20 to 30 years in prison, in addition to a fine, according to the Penal Code. The crime is considered heinous, which implies stricter rules for serving the sentence, such as restrictions on benefits and more severe criteria for regime progression. According to the ECA, adolescents can only be deprived of liberty in a situation of flagrant arrest or by written and reasoned order from the Court. READ ALSO: Who was the app driver killed by three teenagers during a race 'Family is finished', says sister-in-law of driver killed by 3 teenagers during a race App driver disappears after leaving for work; his car is found with teenagers Teenagers used app driver José Edson da Silva's cards after the crime to fill up the victim's car in Ribeirão Preto, SP Reproduction/Security cameras Provisional hospitalization The president of the Commission for the Rights of Children and Adolescents, Tatiana Aparecida Teodoro Eleutério da Silva, from the Brazilian Bar Association (OAB) of Ribeirão Preto, says that the hospitalization of the three teenagers is provisional and valid for 45 days, deadline for completing the process. “This period of 45 days is for the Public Prosecutor’s Office to make the representation or not, the evidence is presented so that it can then go through a hearing.” The ECA ensures procedural guarantees for the adolescent offender. They include: full and formal knowledge of the attribution of an infraction, through summons or equivalent means; technical defense by a lawyer (if necessary, legal assistance can be free of charge) equality in the procedural relationship to produce all the evidence necessary for your defense; right to be heard in person by the competent authority; right to request the presence of parents or guardians at any stage of the procedure. Socio-educational measures If there is representation from the Public Prosecutor's Office, which is equivalent to the accusation in criminal proceedings, the judge determines a sentence in a hearing to hold them accountable. Among the applicable measures are: warning; obligation to repair the damage; provision of services to the community; assisted freedom; insertion into semi-freedom; hospitalization in an educational establishment. "The idea of ??the law is that you have a trial before the 45-day deadline, so that if socio-educational hospitalization measures are applied, they remain already hospitalized, it doesn't change anything. If you don't judge within that period, then you have to release them. Normally the deadline is met, because cases with people in prison, the deadlines are all shorter precisely to comply with them", says criminal lawyer Daniel Pacheco, professor at the University of São Paulo (USP). App driver José Edson da Silva, aged 43, died after going for a run in Ribeirão Preto, SP Personal file According to the ECA, the hospitalization measure can only be applied when the infraction occurs through a serious threat or violence to the person. Also for repeated serious infractions and repeated and unjustifiable non-compliance with the measure previously imposed. "Internment is only for the most serious crimes, which is the case here. Obviously, we are talking about a very serious crime, robbery, it is a crime against property, it is a crime against life. So, we will have the possibility of hospitalization here. The most likely is that there will be hospitalization, but we cannot say that it is certain", says Pacheco. The ECA determines a maximum period of three years of hospitalization. The teenager must be released, placed on semi-release or assisted release if the limit is reached. Release is immediate upon turning 21. While the case is analyzed by the Civil Police and the MP, the teenagers will be in different sectors at Fundação Casa de Ribeirão Preto. "They are separated by infractions and also by age. So, this 13-year-old will also be at Fundação Casa. Remembering that Fundação Casa is not a prison, he does not serve a sentence, he will carry out socio-educational measures there", says Tatiana. See more news from the region on g1 Ribeirão e Franca