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Moraes Backs General Repercussion in Mariana Ferrer Case at Brazil’s Supreme Court

His stance would allow the Court to set nationwide rules on courtroom treatment of sexual-assault victims.

Overview

  • The Supreme Federal Court opened a virtual plenary on March 20 to decide whether the appeal has general repercussion, with the session scheduled to close on March 27.
  • Relator Alexandre de Moraes cast the first vote to recognize broader constitutional relevance and suggested that violations of victims’ rights could invalidate evidence.
  • Mariana Ferrer’s appeal says she was humiliated by the defense in a 2020 hearing without intervention from judicial authorities, compromising due process.
  • The case stems from allegations against businessman André de Camargo Aranha, who was acquitted in first and second instances despite a forensic report indicating intercourse and his genetic material.
  • If the Court affirms general repercussion, a later merits ruling could yield a binding thesis for all courts on limits to questioning in sexual-crime proceedings.