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Unjust imprisonment, defeat in the STJ, and millionaire charge transformed an attempt at reparation into a new legal battle for a dentist from Rio de Janeiro, while the case rekindles discussions about flaws in criminal recognitions and compensation for errors in the Brazilian penal system.
After losing the lawsuit in the Superior Court of Justice, in which he sought compensation from the State of Rio de Janeiro, dentist André Luiz Medeiros Biazucci Cardoso, 39, began to face a new legal consequence related to the period he was unjustly imprisoned.
With the definitive defeat, he and his family became liable for the collection of R$ 478.9 thousand in court costs and attorney’s fees, a sum imposed precisely after the attempt to obtain reparation for moral, material, and psychological damages resulting from the imprisonment.
Imprisonment during rape investigation in Belford Roxo
According to the UOL portal, the arrest occurred in October 2013, still during the inquiry phase conducted by the Civil Police, after André was identified as a suspect in a series of rapes reported in Belford Roxo, in Baixada Fluminense.
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During that period, the dentist appeared handcuffed before the press as the alleged perpetrator of the crimes, a scenario mainly supported by the recognition made by victims throughout the police investigation.
According to the defense, however, the procedure was marked by serious flaws, including the premature display of André’s photos on social media and the formation of a lineup with uniformed police officers, without individuals with physical characteristics similar to his.
As provided by Article 226 of the Code of Criminal Procedure, recognition must follow formal steps, such as a prior description of the suspect and alignment with similar individuals, without any mechanism of suggestion or inducement to the victims.
Defense presented images and exams to prove innocence
While imprisoned, André spent part of the period in isolation and, according to reports presented in the case, saw his professional and personal routine completely interrupted after the repercussions of the accusations.
In an attempt to prove the dentist’s innocence, the defense presented security camera images, testimonies, and DNA tests which, according to the lawyers, ruled out any connection between him and the investigated rapes.
Later, the Public Prosecutor’s Office of Rio de Janeiro advocated for his release, and André left prison after approximately seven months incarcerated for a case that had not even been judged yet.
After gaining freedom, according to the defense, he lost his job, stopped serving old clients, and decided to move to another city for fear of the consequences caused by the case’s exposure.
In addition to the financial impacts, family members reported episodes of hostility during the period of imprisonment, while the dentist’s father stated he sold a car to cover the costs of lawyers and experts responsible for the defense.
Compensation request ultimately rejected by Justice
Two years after the imprisonment, André and his family appealed to the Justice system to request approximately R$ 4 million in compensation from the State of Rio de Janeiro for the damages caused during the investigation.
Considering the monetary adjustment calculated by the defense over the years, the amount sought by the family would currently exceed R$ 7 million.
Even so, the request was rejected in previous instances and, subsequently, its defeat was confirmed by the STJ, which upheld the unfavorable understanding regarding the compensation sought by the family.
In the lawsuit, the State of Rio argued that there was no compensable judicial error, stating that André had not received a definitive conviction for the crimes investigated by the authorities.
Furthermore, the criminal action related to the case was not even concluded until the final judgment, nor was there any judicial recognition of bad faith on the part of the police officers involved in the investigation.
Fee collection became a new focus of the dispute
With the process concluded in Brazilian Justice, André and his family were eventually ordered to pay court costs and fees destined for the Attorney General’s Office of the State of Rio de Janeiro.
For Luiz Borri, the dentist’s lawyer, the collection amplifies the impact caused by the arrest and reinforces the discussion about the State’s responsibility in cases of mistaken identification.
“The most surprising thing was not just the denial of moral damages to André and his family. But since he lost, the State is charging half a million in fees,” he stated.
Amidst the legal dispute, the defense took the case to the Inter-American Commission on Human Rights, alleging violation of fundamental guarantees and Brazil’s failure both in protecting André and in compensating for the damages resulting from the arrest.
In addition to the international petition, the lawyers requested a measure to prevent the immediate collection of fees while the case remains under review by the commission.
Case reignites debate on criminal identification
The episode involving André began to be cited in legal debates about the risks of identifications conducted without the criteria provided by law, especially in situations with prior use of photographs and the absence of similar-looking people in the lineup.
In recent years, STJ decisions have adopted greater rigor in analyzing this type of evidence, especially after cases where identifications considered flawed led to the arrest of innocent people.
A survey mentioned by the defense indicates that hundreds of convictions were overturned in Rio de Janeiro between 2020 and 2024 due to flaws in the criminal process, including situations classified as suggestive identifications.
More than a discussion about unjust imprisonment, the case also began to raise questions about the risk of acquitted individuals or those cleared of crimes ending up in debt after seeking judicial redress against the State itself.
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