STJ to decide court for lieutenant colonel over wife's death in SP

São Paulo's Military Court has asked Brazil's Superior Court of Justice (STJ) to resolve a jurisdictional conflict in the case of Lieutenant Colonel Geraldo Leite Rosa Neto, suspected of murdering his wife, PM Corporal Gisele Alves Santana. The fatal shot happened on February 8 in an apartment in Brás, eastern São Paulo. The step aims to prevent future nullities in the proceedings.

São Paulo's Military Court opened a jurisdictional conflict at the STJ to determine if Lieutenant Colonel Geraldo Leite Rosa Neto will be tried by it or by the common courts. He is accused of killing Corporal Gisele Alves Santana with a headshot on February 8 inside the couple's apartment in Brás.

Rosa Neto claimed suicide, but forensic analysis deemed it impossible. Intercepted messages showed him demanding his wife's submission and her plans to separate. The family contested the initial account, pointing to relationship conflicts. The Public Prosecutor's Office charged him with murder, accepted by the Military Court, which made him a defendant and kept him in preventive detention.

The defense, led by Eugênio Malavasi, argues for trial in the common courts with a jury procedure and asserts the military man's innocence. "We expect a decision in light of the Constitution," the lawyer said.

The conflict was filed on the 8th of last month and sent to the Public Prosecutor's Office on April 10. No hearing date is set at the STJ, but the process seeks speed to secure the main case.

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Courtroom illustration of São Paulo prosecutor seeking R$100k indemnity from PM colonel charged in wife's homicide.
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MPSP seeks R$ 100k indemnity from colonel charged with wife's PM death

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São Paulo's Public Ministry requested that Lt. Col. Geraldo Leite Rosa Neto, charged with feminicide and procedural fraud in his wife Gisele Alves Santana's death, pay R$ 100k indemnity to her family. The 32-year-old soldier was found shot in the head in February in a Brás apartment, with the case shifting from suicide to homicide after forensics.

Lieutenant-Colonel Geraldo Leite Rosa Neto, a São Paulo PM officer, was arrested on March 18 for the qualified femicide of his wife, soldier Gisele Alves Santana, following forensics contradicting his suicide claim. Months earlier, he faced a probe for an alleged affair that strained their marriage. The victim's mother branded him a 'monster' and demands justice.

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São Paulo's Public Security Secretary Nico Osvaldo Gonçalves stated that Lieutenant Colonel Geraldo Leite Rosa Neto will face a Justification Council, a process that could lead to loss of rank and expulsion from the Military Police. The officer is jailed for allegedly killing his wife, Soldier Gisele Alves Santana, in February. His defense says he will defend himself in the process.

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