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Rio Appeals Panel Annuls Judge’s Order, Pausing Marcius Melhem Harassment Case

The judges granted a defense habeas corpus after finding the lower ruling insufficiently justified.

Overview

  • The 3rd Criminal Chamber of Rio’s Court of Justice overturned Judge Juliana Benevides’s decision and approved the trancamento of the action on October 28.
  • The panel deemed the judge’s order “unmotivated,” saying it failed to address defense arguments or the Public Prosecutor’s detailed filing urging rejection of the complaint.
  • On May 28, prosecutor Luís Augusto Soares de Andrade advised against receiving the charges, citing imprecise dates, generic locations, and message exchanges that did not demonstrate constraint.
  • Before the reversal, Benevides had ordered the case to proceed and scheduled initial hearings, leading the defense to file the habeas corpus.
  • The case is now suspended until the judge issues a new, fully reasoned decision or revises her prior ruling; Melhem became a defendant in August 2023 based on three complaints from an inquiry opened in 2020 with about 2,400 pages.