Simone Cassiano was the "little thing" who threw her infant daughter into the Pampulha Lagoon in January 2006.
She became famous when, asked by a journalist about the crime, she said, "I didn't do anything to this wretched child."
Did you know that she was initially sentenced to 8 years and four months, but the Public Prosecutor's Office appealed, and the appellate judges increased her sentence to 9 years of imprisonment.
"The decision was not unanimous because the rapporteur of the case, appellate judge Antônio Carlos Cruvinel, requested an increase in the sentence to 12 years, 5 months, and 10 days. However, appellate judge Paulo Cézar Dias argued that the case involved attempted homicide, not consummated homicide. Therefore, the sentence should be reduced. Dias considered that the grave circumstances of the crime of abandoning a minor on the edge of a lagoon, inside a plastic bag, would lead to a sentence of 18 years, but he voted for a reduction by half "since there was no bodily harm to the child"[[G1]].
Justice is a good mother. The appellate judges, unfortunately, have a leniency that the criminal never has.
The Brazilian Penal Code has an abomination, and I'm not talking about the act, considered by some specialists as that of the tigress who eats her offspring after giving birth. But about the legal position of this, which serves as a benefit for those who decide to kill their child right after giving birth. The criterion of timing is significant, while the puerperal state is a legal unknown, meaning a loophole for impunity.
In my opinion, if the woman is overcome by madness, then there is nothing to be said about a sentence. The inability to determine oneself in the face of wrongdoing is sufficient for acquittal. Now, if she can determine herself, was aware of the wrongdoing, the penalty should be that of Article 121 of the Penal Code concerning Killing Someone.
Infanticide
* Art. 123 - To kill, under the influence of the puerperal state, one's own child, during or immediately after childbirth:
Penalty - detention, from two to six years.
* [[DECREE-LAW No. 2,848, OF DECEMBER 7, 1940. Brazilian Penal Code]]
Simone Cassiano was the "little thing" who threw her infant daughter into the Pampulha Lagoon in January 2006.
She became famous when, asked by a journalist about the crime, she said, "I didn't do anything to this wretched child."
Did you know that she was initially sentenced to 8 years and four months, but the Public Prosecutor's Office appealed, and the appellate judges increased her sentence to 9 years of imprisonment.
"The decision was not unanimous because the rapporteur of the case, appellate judge Antônio Carlos Cruvinel, requested an increase in the sentence to 12 years, 5 months, and 10 days. However, appellate judge Paulo Cézar Dias argued that the case involved attempted homicide, not consummated homicide. Therefore, the sentence should be reduced. Dias considered that the grave circumstances of the crime of abandoning a minor on the edge of a lagoon, inside a plastic bag, would lead to a sentence of 18 years, but he voted for a reduction by half "since there was no bodily harm to the child"[[G1]].
Justice is a good mother. The appellate judges, unfortunately, have a leniency that the criminal never has.
The Brazilian Penal Code has an abomination, and I'm not talking about the act, considered by some specialists as that of the tigress who eats her offspring after giving birth. But about the legal position of this, which serves as a benefit for those who decide to kill their child right after giving birth. The criterion of timing is significant, while the puerperal state is a legal unknown, meaning a loophole for impunity.
In my opinion, if the woman is overcome by madness, then there is nothing to be said about a sentence. The inability to determine oneself in the face of wrongdoing is sufficient for acquittal. Now, if she can determine herself, was aware of the wrongdoing, the penalty should be that of Article 121 of the Penal Code concerning Killing Someone.
Infanticide
* Art. 123 - To kill, under the influence of the puerperal state, one's own child, during or immediately after childbirth:
Penalty - detention, from two to six years.
* [[DECREE-LAW No. 2,848, OF DECEMBER 7, 1940. Brazilian Penal Code]]
