Doctor sentenced to 21 years in Minas for removing organs from a boy is arrested in São Paulo

An operation commanded by prosecutors from the MP in São Paulo located Álvaro Ianhez; involved in the death of Paulo Pavesi 13 years ago in Poços de Caldas, the doctor was released under habeas corpus

Doctor Álvaro Ianhez, convicted of the death and illegal removal of organs from the boy Paulo Veronesi Pavesi, who died in 2000, in Poços de Caldas (MG), was arrested this Tuesday, 9, in São Paulo.

The action was led by prosecutors from São Paulo at the request of the Public Ministry of Minas Gerais.

The doctor was sentenced, in April last year, to 21 years and 8 months for double qualified homicide in the Jury Court, but he was not arrested because he obtained a habeas corpus from the Superior Court of Justice (STJ) to await the appeals in freedom.

The decision defined that the sentence could only be initiated after all judicial remedies had been exhausted. The injunction was based on the judgment of the Federal Supreme Court (STF) which, in 2019, prohibited arrest in second instance.

Come and go in court

The Public Prosecutor’s Office of Minas Gerais called the STF and managed to reverse the decision of the STJ. Before retiring last month, Minister Ricardo Lewandowski revoked the habeas corpus and sent the case back to the Superior Court of Justice for a new decision.

Lewandowski argued that the Supreme Court has not yet decided whether, for convictions imposed by the Jury Court, the execution of the conviction can be immediate. The theme is the background of a trial that is stopped at the request of minister André Mendonça.

“There is no Supreme Court precedent on the matter,” Lewandowski wrote. “Therefore, it is necessary to return the case to the STJ so that it, through its Plenary or Special Body, can pronounce on the matter.”

The arrest warrant was issued yesterday, after Minister Rogério Schietti, of the Superior Court of Justice, recognized that “there seems to be a certain inclination” of the STF to declare the constitutionality of the immediate execution of the sentence imposed by a popular jury if it exceeds 15 years in prison.

remember the case

The doctor was denounced for participating in an illegal scheme for the removal and trafficking of human organs that became known as the Transplant Mafia. He was responsible for MG Sul Transplantes, identified as a ‘middleman’ of human organs.

The scheme became public with the death of Paulo Veronesi Pavesi, then 10 years old, on April 19, 2000.

The boy fell from the building where he lived, in Poços de Caldas, in the southwest of Minas Gerais. Ianhez would have faked a certificate of brain death to remove the child’s kidneys and corneas. The organs would have been allocated to a ‘waiting list’ created by the doctor himself.

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