Judge convicts man accused of setting fire to Borba Gato statue in São Paulo.
In the ruling, Judge Eduardo Pereira Santos Junior stated that the defendant's conduct exceeded his right to freedom of expression and association, entering into criminal territory.
Conjur - Due to the risk to public property and people's lives, the 5th Criminal Court of São Paulo sentenced a man for setting fire to the statue of the bandeirante Borba Gato, located in the southern part of the capital, in July 2021. The sentence was set at three years, one month and 15 days of imprisonment in an open regime, replaced by a restrictive measure of community service.
According to the ruling, the defendant used tires and gasoline canisters to start the fire that engulfed the monument, but it did not cause any injuries or damage to the structure. In court, he admitted to setting fire to the statue as a form of protest.
In the ruling, Judge Eduardo Pereira Santos Junior stated that the defendant's conduct exceeded his right to freedom of expression and association, entering into criminal territory and causing a large-scale fire that could have reached a gas station.
“The conduct endangered not only the property of others, but also the lives of people who were in the area,” he said. “Setting fire to monuments or public roads is not how public debate about controversial historical figures will be legitimized. There are legal avenues, however tortuous they may seem. That is how one lives in a democratic state governed by the rule of law.”
Two other defendants were acquitted. According to the ruling, one of them was hired by an online platform to transport used tires and was unaware of the fire. The other believed he was only participating in a protest in the area of the monument.
Furthermore, the three defendants were acquitted of the crimes of criminal association, tampering with vehicle license plates, and corruption of minors.