OF ILLEGAL IMPRISONMENT
"The Brazilian State imprisoned, tortured, abandoned — and then pretended nothing happened."
WHAT HAPPENED
On April 3, 2025, José Jocafe de Moura Cavalheiro — father of 5 children, entrepreneur, with no criminal record — was placed in preventive detention in Restinga Sêca, Rio Grande do Sul, Brazil.
The basis? An accusation that, 112 days later, the accuser herself confessed was false — in a video posted on Instagram.
During 93 days of illegal custody, the Brazilian State:
IMPOSED LAWYER
At the custody hearing, a city council member from the PP party of Restinga Sêca was imposed as lawyer — without a power of attorney, without hiring, without consent. The petitioner requested a criminal defense attorney. He was ignored. The council-member-lawyer asked no questions. He waived the defense deadline without the client's consent. He left 6 days later.
Art. 8.2.d — ACHR: Right to be assisted by counsel of one's own choosing
CHEMICAL TORTURE
On May 7, 2025, Haloperidol 5mg + Promethazine 50mg were administered via forced intramuscular injection — forced psychiatric medication, without consent, without prior psychiatric evaluation, without clinical indication.
Prescription: Dr. Fabian Narváez (CRM 29639). Administration: Nurse Mariane Liane Stran.
Art. 5.2 — ACHR: No one shall be subjected to torture or to cruel, inhuman, or degrading treatment
IGNORED FRACTURE
The fracture was confirmed by examination on May 8, 2025 — after 36 days of pain without treatment. 36 days requesting medical attention. 36 days being ignored. On the same day as the confirmation, the petitioner was coerced into signing a transfer document to another prison.
Art. 5.1 — ACHR: Right to personal integrity
NON-EXISTENT DEFENSE
The second lawyer, Eduardo Mohr (OAB/RS 121.596), entered with a power of attorney pre-dated to 12/16/2024 — 3.5 months before the arrest. He missed the deadline for Response to Charges (Art. 396-A CPP). The judge did not appoint a public defender. The Public Defender's Office was never contacted. 57 days in PESM in legal limbo.
Art. 8.2.e — ACHR: Inalienable right to technical defense
"There was no absence of a lawyer. There was a chain of failures with evidence of collusion ensuring no lawyer provided real defense."
Flawed Police Investigation
The police investigation that justified 93 days of imprisonment was completed in 1 hour and 13 minutes — with a witness who saw nothing, an illiterate elderly father manipulated into testifying, no forensic examination, no adversarial process, and illegal use of police reports as "criminal record".
Fatal Contradiction: Police Report vs. Officer Testimony
"They were agitated, refusing to follow orders"
"HANDCUFFS WERE NOT USED"
If the detainee was "agitated" and "refusing orders", handcuffing would be MANDATORY and JUSTIFIED. The arresting military police officer testified under oath (Art. 203 CPP, Art. 342 CPB) that handcuffs were NOT used — proving there was NEVER any resistance. The police report lied.
At the custody hearing, the petitioner confirmed: "The officer saw I was calm" and "I came willingly". The officer's testimony corroborates this.
Structural Investigation Failures
Lightning Investigation
Completed in 1h13min (12:36→13:49 on 04/03/2025). A domestic assault investigation requires witness statements, forensic examination, evidence analysis. In just over an hour, none was done rigorously.
Witness Who Saw Nothing
Manoela Meireles — the only "witness" listed — stated she merely RECEIVED A NOTE from the accuser. She did not witness any event, heard nothing, was not present. Evidentiary value: ZERO.
Elderly Father Manipulated
The petitioner's father, 70 years old, practically illiterate, was led to "report" events he NEVER witnessed. A vulnerable elderly man was instrumentalized by police to legitimize a prefabricated investigation.
No Adversarial Process
The petitioner's version was NEVER investigated. No effort to verify his narrative, no confrontation with the accuser's version. The investigation heard ONLY the accusing party — a direct violation of the adversarial principle.
Illegal Use of "Criminal Record"
"Person prone to criminal activity"
— Police Chief Elizabete Kaoru Shimomura, in the investigation
The Police Chief based this claim on mere Police Reports (BOs) and Police Investigations (IPs) — which do NOT constitute a criminal record under law. Only FINAL CRIMINAL CONVICTIONS can be considered criminal history (Art. 5, LVII, CF/88 — Presumption of Innocence).
Legal Hierarchy — What IS and what IS NOT a criminal record:
| Document | Legal Status | Used by Police Chief? |
|---|---|---|
| Police Report (BO) | ❌ NOT a criminal record | YES ✗ |
| Police Investigation (IP) | ❌ NOT a criminal record | YES ✗ |
| Prosecution Charges (MP) | ❌ NOT a criminal record | NO |
| Final Criminal Conviction | ✅ ONLY valid criminal record | NO |
The investigation that upheld 93 days of imprisonment would not withstand 10 minutes of scrutiny. The foundation of the entire case is a house of cards.
IP 411/2025/150533 — Case 5000495-70.2025.8.21.0147
93 DAYS OF HORROR
Every fact below is supported by documentary evidence with an intact chain of custody.
PREVENTIVE DETENTION
Imprisoned based on a false accusation. No flagrante delicto. No witnesses. No material evidence.
CUSTODY HEARING — IMPOSED LAWYER
Elton dos Santos Almeida (OAB/RS 035.435), PP party city council member from Restinga Sêca, imposed as lawyer without power of attorney. The petitioner refused and requested a criminal defense attorney. He was ignored.
POLICE CHIEF REMOVES ACCUSER
Police Chief Shimomura removes the accuser from the location, facilitating theft of the petitioner's personal belongings.
WAIVER WITHOUT CONSENT
Elton waived the 5-day deadline to challenge protective measures without consent (Event 14, 22:04). Eduardo Mohr enters with a pre-dated power of attorney from 12/16/2024.
HYPERTENSIVE EMERGENCY
BP on admission: 250/160 mmHg — hypertensive emergency with stroke and death risk. Irregular discharge at BP 200/120 mmHg. Dr. Lygia Hausen Rodrigues (CRM 11406).
CHEMICAL TORTURE
Haloperidol 5mg + Promethazine 50mg forced IM. No consent. No psychiatric evaluation. Dr. Fabian Narváez (CRM 29639). Nurse Mariane Liane Stran.
FRACTURE CONFIRMED + COERCION
Examination confirms fracture after 36 days of pain without treatment. On the same day, coercion to sign a transfer document.
DEFENSE EXPIRES WITHOUT RESPONSE
Eduardo Mohr misses the deadline for Response to Charges (Art. 396-A CPP). Deadline expires in albis. Judge does not appoint a public defender.
57 DAYS IN PESM IN LEGAL LIMBO
Transferred to PESM Santa Maria. 57 days without legal defense. No lawyer acting. Public Defender absent.
RELEASE
Released after 93 days of custody. 36 days in Agudo Prison + 57 days in PESM Santa Maria.
FETAL DEATH CONFIRMED
Ultrasound confirms twin fetal death (Levi and Ravi). Exact date of death unknown — they may have died during custody.
CONFESSION
The accuser publishes a video on Instagram confessing the accusation was false.
NULLITY RECOGNIZED
Court recognizes procedural nullity for curtailment of defense. Deadline reopened.
PUBLIC DEFENDER FAILS
Public Defender's Office provides an inadequate response. The State fails once again.
IACHR PETITION FILED
IACHR/OAS registers: Petition P-550-26 + Precautionary Measures PM-367-26.
Agudo State Prison
36 days
03/04/2025 → 08/05/2025
PESM Santa Maria
57 days
09/05/2025 → 04/07/2025
TOTAL IN CUSTODY
93
DAYS
5 FUNDAMENTAL RIGHTS VIOLATED
Each violation below is documented with digitally preserved evidence and grounded in the American Convention on Human Rights (ACHR / Pact of San José, Costa Rica), ratified by Brazil on 09/25/1992.
PERSONAL INTEGRITY
"Every person has the right to have his physical, mental, and moral integrity respected."
— Art. 5.1, CADH
- Chemical torture: Haloperidol 5mg + Promethazine 50mg forced IM on 05/07/2025
- Severe medical negligence: Fracture confirmed after 36 days of untreated pain
- Hypertensive emergency: BP 250/160 mmHg → Irregular discharge at BP 200/120 mmHg
- Coercion: Forced to sign transfer document on the day of the fracture
PERSONAL LIBERTY
"Every person has the right to personal liberty and security."
— Art. 7.1, CADH
- Unfounded preventive detention: false accusation, no flagrante delicto, no material evidence
- 93 days of custody: 36 days in Agudo + 57 days in PESM Santa Maria
- Forced transfer: without consent, under coercion, on the day of the fracture
- The accuser herself confessed the falsehood on 07/24/2025
JUDICIAL GUARANTEES
"Every person accused of a criminal offense has the right to defend himself personally or to be assisted by legal counsel of his own choosing."
— Art. 8.2.d, CADH
- Lawyer imposed without power of attorney: Elton Almeida (PP city councilman)
- Procedural deadline waived without client consent
- Pre-dated power of attorney: Eduardo Mohr (12/16/2024 — 3.5 months prior)
- Response to Charges in albis: deadline missed, judge did not appoint public defender
- 57 days in PESM without effective legal defense — Public Defender never engaged
PRIVATE PROPERTY
"Everyone has the right to the use and enjoyment of his property."
— Art. 21.1, CADH
- Police Chief Shimomura removed the accuser from the property location
- Action facilitated theft of personal belongings during imprisonment
- State did not investigate nor compensate
JUDICIAL PROTECTION
"Everyone has the right to simple and prompt recourse that protects them against acts that violate their fundamental rights."
— Art. 25.1, CADH
- State systematically failed to investigate violations
- Public Defender provided inadequate response on 01/27/2026
- No action against those responsible for torture, negligence, or collusion
- Domestic remedies exhausted — IACHR requirement met (Art. 46.1.a)
SHE CONFESSED.
On July 24, 2025 — twenty days after release — the accuser published a video on Instagram confessing that the accusation that caused the imprisonment was false.
Integrity verification:
Hash SHA-256: [hash do arquivo]
Platform: Instagram
Status: EVIDENCE PRESERVED — CHAIN OF CUSTODY INTACT
"The accusation that destroyed 93 days of life, caused chemical torture, an ignored fracture, and contributed to the fetal death of twins — was a lie. And she herself confessed."
NOTHING WAS INVENTED. EVERYTHING WAS DOCUMENTED.
Each piece of evidence was digitally preserved with SHA-256 hash, intact chain of custody, and verifiable metadata.
Hypertensive Emergency Record
17/04/2025
- BP Admission: 250/160 mmHg
- BP Discharge: 200/120 mmHg
- Dra. Lygia Hausen Rodrigues (CRM 11406)
Haloperidol + Promethazine Prescription
07/05/2025
- Haloperidol 5mg + Prometazina 50mg IM
- Dr. Fabian Narváez (CRM 29639)
Fracture Confirmation
08/05/2025
- Fracture confirmed after 36 days without treatment
Complete Medical Record
03/04/2025 → 04/07/2025
- SUS Card: 700603985477263
PETITION FILED WITH THE IACHR/OAS
The case was formally brought before the Inter-American Commission on Human Rights, the body of the Organization of American States responsible for monitoring human rights violations in the Americas.
Individual Petition
P-550-26
Precautionary Measure
MC-367-26
Denounced State
Federative Republic of Brazil
What comes next?
"Brazil is a defendant at the Inter-American Court in multiple human rights violation cases. This could be the next one."
THE PRICE OF 93 DAYS
The 93 days of illegal imprisonment did not end with release. The consequences continue.
TWIN FETAL DEATH
Levi and Ravi Sanchez Cavalheiro.
The ultrasound on 07/08/2025 confirmed the twins had no heartbeats — 4 days after release. The exact date of death is unknown. They may have died during custody.
PHYSICAL DAMAGES
- Untreated fracture for 36 days → permanent sequela
- Hypertensive emergency BP 250/160 mmHg → irregular discharge BP 200/120
- Chemical torture: Haloperidol + Promethazine forced IM
- Severe weight loss during custody
PSYCHOLOGICAL DAMAGES
- Post-traumatic stress disorder (PTSD)
- Forced separation from 5 minor children for 93 days
- Grieving of twins during criminal proceedings
- Exposure to prison violence
PROPERTY DAMAGES
- Company shut down for 93 days → loss of contracts and revenue
- Theft of assets facilitated by police chief (removal of accuser)
- Medical and legal costs resulting from illegal imprisonment
- Child support defaulted during custody
PRESS KIT
Materials for media coverage. All documents have verified SHA-256 hash and intact chain of custody.
Executive Summary
3-page synthesis of the complete case
Complete Timeline
All 15 events with legal basis
Nullity Decision
Court acknowledges restriction of defense rights (31/08/2025)
Confession Transcript
Verified transcript of Instagram video (24/07/2025)
Medical Records
Emergency records, forced medication, and fracture
Image Kit
Press-approved photos (high resolution)
Case Technical Sheet
Structured data: IACHR files, violated articles, professionals involved
For interviews or additional information:
DEMAND JUSTICE.
93 days of illegal imprisonment. Documented torture. Non-existent defense. Two children who were never born. And a State that pretends nothing happened.