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Eleven years later, the Attorney General's office received from the Brazilian authorities the case of Duarte Lima, a former PSD deputy accused of the murder of Rosalina Ribeiro, secretary and heiress of the millionaire Tomé Feiteira, in Rio de Janeiro. Henrique Salinas, partner at CCA and responsible for the Criminal Law & Compliance area, in statements to SIC Notícias, analyses the transfer of this process to Portugal and whether it can be accepted by the Ministry of Justice.
"When there is a transfer of a process that runs in Brazil to Portugal, what makes sense is to start with the investigation phase, that is, the preliminary investigation, because there are many differences between the handling of the case in Brazil and the handling of the case in Portugal. Only after this first phase, the evidence is analysed with a view to bringing an indictment or to the filing, depending on whether the Public Prosecutor understands that there is or there is no evidence that allows submission to trial", states the CCA partner.
Regarding the court to which the case can be referred, Henrique Salinas considers that "the normal thing will be to start with the Public Prosecutor, who directs the investigation, supervised by the investigating court whenever there is a need to carry out acts likely to infringe Fundamental Rights, and in the end, he will either prosecute the accusation or file it. If he prosecutes the accusation, the defendant will have the possibility to request the opening of an investigation, thereby trying to avoid the trial, and if this is not possible, the judgment will be rendered by a collective court, since it is allegedly a homicide crime".
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