terça-feira, 16 de março de 2010


Criminal action - Ordinary
, male defendant in the gifts files of legal documents comes, respectfully and in accordance with the determination published in 11.03.2010 to effect its final allegations and manifestation concerning the Finding joined to the procedural notebook, starting to make it for how much he follows:
1- Pparently to disclose a directed mind to a exaggerated sexualism, the examination Finding to files of legal documents sins for diverse improprieties, to see:
a) the computers had been removed of the residence of the Male defendant, manu militari, without any indication concerning the rooms which were installed;
b) It does not have no clarification concerning the origin of the computers, if acquired new or acquired already used;
2- Such pair of arguments is of basic importance, rank that:
a) In the residence of the male defendant two sons inhabit its and a stepson, all of small age, in the house of the 20 years, being normal computers of youngsters of this age to contain ponographic or erotic material;
b) The characteristics of the examined computers, of assembly of parts specialized with parts already of certain age, disclose that they are happened already of the hands of third, being therefore `used `since before the installation in the residence of the Male defendant;
3- This rank, `result´ of the examination finishes being engaged, rank that:
a) The fotogramas found with erotic ponographic material/are pertaining to the program
Windows- Microsoft\ Documents and Using Settings \ \ local Configurations \ Temporary Internet Files
4- This program `catches` everything what `was seen or opened´in terms of archives of Internet, involuntarily stores and them in the memory of the personal computer;5- In this footpath, throughout the years evidently hundreds of fotographs , short films and messages are hoarded, without however a same identification of who `opened `or handled;
6- Dates and schedules also do not appear, creating still bigger difficulties of certainty and prejudice of the male defendant in relation to the computers.
7- Exactly the great amount of photos printed for the demonstration of the finding did not hit upon sexual shunting lines, as pedophilia or sado-masochism;
8- Finally, the Internet Temporary Files becomes knife of two wire, rank that, of THOUSAND of safe objects temporarily, if to only search ponographic or erotic content such result will evidently only come to surface, being transparent wrongly to be about person with great sexual mannering shunting line the proprietor of the machine.
This rank, the finding suffers in all its metodological deficiencies:
a) It does not discriminate of where the computers had been removed (of which cômodos of the house);
b) It presents great amount of fotogramas of pornographic or erotic content without any discrimination of date or title of its apreciador;
c) It exactly searched documents OUTSIDE of the Hard disk of the machines, finding documents that represent all the useful life of same the way Internet Temporary Files, a tool of the Windows program.
d) A definition of the origin of the machines, if acquired already used, mounted does not exist with new or mounted parts with used parts;
To the end, for previously the report, it has that to conclude that:
a) Effectively to the male defendant the content of the Internet Temporary Files, given cannot exclusively be imputed or main to inhabit with more three youngsters heterosexuals;
b) It does not have as if to date the fotographs found in such temporary archives, if not being able to hit upon to the male defendant the manuscript of same or its title;
c) If it does not evidence, exactly as taste doubtful of the fotographs printed in the finding, any sexual shunting line that gives possibility the pedophilia situations as which the male defendant are accused;
d) If full of bad faith, the Male defendant, who is technician in computer science, easily would delet such programs, exactly because the computers had been removed of its residence without any acknowledgment;
This rank, well of the truth and Justice, dud the offered finding, incomplete data that and iinconsistency for the reasons above enumerated, respectfully requiring to the young judge the NULLITY of such all document in files of legal documents.Respectfully It asks for and It waits Granting.Curitiba, 16 of March of 2010.
If the final allegations of the male defendant.II Using of its right legal defense, it comes to reveal in its following defenses occurrences:
III Unhappyly, given the recent change in the procedure law, the hearing of instruction and judgment were coated with extensive nullity, to see:
a) Who was the illustrious magistrate commanded the questions to the victim, the male defendant and the witnesses, situation of procedural nullity before the new procedural determination;
b) Although the assent of the Male defendant to the hearsay of the victim saw video discusses, such showed disastrous, to see:
b1- The psychologist who folloied the victim used itself of denominations as `the Bad Man` to assign the Male defendant, what of ready she lowers the Male defendant to the total negative condition in relation to the child;
b2- The scene taking was long-distance, usurping of the defense the possibility to analyze face expressions or hesitations, as much of the victim when of its mother and witnesses;
Although always the present good will of the magistrate, the refusal of analyzes mannering partner of the family of the victim showed, all way, unjust;
V- In a known crooked picture of family environment, enhanced for the psycotropics medicine use of character `weighed` on the part of the victim, and indications of alcoholism in the mother of the same one, one analyzes of the familial situation of the victim would be of good idea to prevent shunting lines of responsibilities;
VI Such shunting lines currently can thus be considered:
a) Syndrome of Munchhausen- where a mother , in order to deviate its catastrophic situation of life and familial, creates in its unconscious situation of accusation or illness, in order to receive the attention from that as much needs thus and, falsely, giving certain `flavor` to the life.
Such Syndrome was identified in the decade of seventy, when mothers looked American´s hospital emergencies with small children always hurt by `tumbles `or `accidents` domestic servants, when in the truth to the proper they tortured them mothers, to receive the attention from doctors in nurses.
The Syndrome has this name in souvenir to the Baron of MunchHausen, personage of literature known for its gigantic increases and lies;
b) The victim to transfer to negativity- is of its home its where the victim, known nervous and problematic child, frequenting diverse psychologists as described for its mother in Hearing, simply `deviates` the attention on itself, creating extra familial unit bad situation, exactly with terrible consequences;
VII However, the files of legal documents had in such a way behaved that all the instruction finished sidewalk in the word of the victim, under long psychological treatment, and a man of 44 years, with more than 25 years of marriage and three adult children;
VIII In this footpath, the residence of the male defendant, composed of an only room and three rooms without any privacy, also enhances the impossibility of any movement suspicion, as they demonstrate the joined fotographs still at the beginning of files of legal documents well;
IX, Finally impossible to a man with almost two meters of height to obtain to place a electrical boy and known agitated under total sexual submission, and still to cum in its mouth, risking itself it a mutilated gear, and with all the children and the wife in house, of soon emerging the doubt of the situation
X- Exactly the coarse question of that the boy made with the product of the cum in its mouth, that would give to tracks if the victim would be saying the truth was rejected for the judge, but unhappyly such type of crime leads the eschatological situations but obligatorily you faced.
This rank, well of the truth and Justice, to the gifts files of legal documents is perceived that the certainty is a distant mirage, not deserving of form some the male defendant any penalty before the total nonsense of the situation where it is accused, fighting to always the just judging one for the ABSOLUTION of xxxxxxxxxxxxxxxxxxxxxxxxxx, so that the same it continues in peace its life of worker and father of family.Respectfully It asks for and It waits Granting.Curitiba, 16 of March of 2010.DR FAGUNDES BLACKSMITH

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