De acordo com a decisão do juiz, a prisão preventiva de Fernando Cunha Lima não foi aprovada porque a liberdade do pediatra não representa risco à ordem pública. Pediatra Fernando Cunha Lima é suspeito de estuprar uma paciente de 9 anos de idade durante uma consulta, em João Pessoa.
A Justiça da Paraíba negou mais uma vez a prisão do pediatra Fernando Cunha Lima, acusado de estupros de crianças em série. A decisão negando o pedido do Ministério Público da Paraíba (MPPB) foi publicada nesta terça-feira (24). Por outro lado, o juiz José Guedes Cavalcanti Neto determinou o bloqueio de bens do médico.
O médico disse ao G1 que não vai comentar o processo por estar em segredo de justiça.
Esta é a quarta vez que a Justiça da Paraíba nega a prisão de Fernando Cunha Lima. O juiz considerou que a liberdade do pediatra não representa risco à ordem pública. “Nunca é demais assentar que do juiz se exige ponderação e equilíbrio, não se deixando impressionar pelos apelos populares, que julgam antecipadamente os indiciados e/ou acusados de violarem a legislação”, afirmou o magistrado na decisão.
O juiz também negou pedidos de busca e apreensão e quebra de sigilo telefônicos e eletrônicos. No entanto, o juiz concedeu o bloqueio judicial dos bens imóveis do acusado para reparar futura e eventual indenização às vítimas, evitando que haja alienação dos bens.
“Assim, determino o bloqueio dos bens imóveis do representado. Oficiem-se aos cartórios de registro de imóveis para a averbação dos gravames nas respectivas matrículas, tudo com a finalidade de que os citados bens não sejam alienados pelo investigado até o julgamento do processo”.
A decisão também determina que ele seja suspenso do exercício da profissão, medida que já foi adotada de forma provisória pelo Conselho Regional de Medicina da Paraíba (CRM-PB). O juiz registrou que o médico está afastado das funções profissionais e esse afastamento seria responsável por inibir a possibilidade de reiteração da conduta no exercício da profissão.
“Ademais, segundo informado pelo seu patrono, o médico está se tratando de problemas de saúde e conta com 80 anos de idade. Todos esses aspectos mitigam a possibilidade de reiteração delitiva, recomendando que responda ao processo em liberdade. Os argumentos trazidos na representação, no sentido de que o indiciado poderá reincidir a qualquer momento, é algo genérico, desprovido de fato concreto, inapto, na minha ótica, para sedimentar a medida extrema requerida”, afirmou o juiz.
Médico é réu por estupro de crianças
A Justiça aceitou a denúncia do Ministério Público e tornou réu o pediatra Fernando Paredes Cunha Lima, acusado de abuso sexual infantil, mas negou a prisão preventiva do médico, solicitada pela polícia. A decisão judicial foi divulgada no dia 26 de agosto.
De acordo com a decisão do juiz José Guedes Cavalcanti Neto, a prisão preventiva de Fernando Cunha Lima não foi aprovada porque as suspeitas levantadas contra ele se caracterizam como “indício suficiente de autoria” e, por se tratarem de indícios, não contam como provas concretas e aniquilam a representação por prisão preventiva.
“O primeiro pressuposto a ser analisado diz respeito a prova da existência do crime. Pois bem. Indaga-se: existe prova da existência do crime, o crime está realmente provado? Penso que não. Só a instrução processual dirá se o crime está devidamente provado. Existe acusação séria e depoimentos colhidos sem o crivo do contraditório. Considerar que o crime está provado nesta fase seria uma temeridade”, diz a decisão do juiz.
Na época, o advogado de Fernando Cunha Lima, Aécio Farias, disse que a decisão do juiz foi acertada. “Não havia nem há qualquer razão para se decretar a prisão preventiva contra um respeitabilíssimo médico, com mais de 50 anos de atividades”, declarou o advogado.
O médico pediatra investigado por estuprar crianças, em João Pessoa, atendia a maioria das vítimas desde bebês e tinha a confiança das famílias. Fernando Paredes Cunha Lima é um pediatra famoso na capital paraibana e tinha uma clínica particular no bairro de Tambauzinho.
O Ministério Público pediu a condenação do acusado por quatro crimes cometidos contra três crianças, uma vez que uma das vítimas foi abusada duas vezes.
Em uma série de depoimentos dados à Polícia Civil, as mães narram que os abusos aconteciam dentro do consultório, com as vítimas em cima de uma maca, quando o médico obstruía a visão delas ou fazia a ausculta do pulmão das crianças.
Duas sobrinhas também relataram ter sofrido abusos de Fernando Cunha Lima quando eram crianças. Porém, como o crime já prescreveu, elas vão atuar como testemunhas no processo.
Sobrinha de pediatra denunciado por estupro de vulnerável diz ter sido abusada também.
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