Overview
- The Supreme Court ruled unanimously on Thursday, June 18, that the acquittal of André de Camargo Aranha must be annulled and the case retried in the first instance in Santa Catarina.
- The justices fixed a binding repercussão geral (Tema 1.451) that deems null any proof obtained in sexual‑crime proceedings in violation of a victim’s dignity, honor or psychological integrity.
- The ruling allows courts, with the victim’s consent and confidentiality safeguards, to record and seal victim testimony and says nullity may be raised by the victim, the Public Ministry, or declared by a judge on their own motion.
- The Court barred the original judge and prosecutor from participating in the new proceedings and ordered disciplinary, civil and criminal inquiries into officials who failed to protect the victim during the 2020 hearing.
- Some reports cite forensic findings of sexual intercourse and alleged DNA links to the accused but the STF made clear that only evidence truly independent of the tainted hearing will survive the nullity rule and that practical outcomes will depend on the new trial.