STM determines patent loss of military condemned for transmitting HIV to former partners
Ministro José Barroso Filho pointed out that the defendant concealed his HIV-positive condition to deceive the victims.
The Military Superior Court (STM) determined the loss of the rank of a retired Army second lieutenant convicted of intentionally transmitting the HIV virus to two former companions. The decision was taken by the plenary of the Court last Wednesday (5).
According to the Military Public Prosecutor’s Office (MPM), the military concealed from the victims who were seropositive and used their condition as a member of the Army to convey credibility, stating that they performed periodic health examinations.
JUDGING
The case rapporteur, Minister José Barroso Filho, concluded that the conduct violated the ethical and moral principles required of the military career, in addition to compromising the decorum of the class and the image of the Army.
The understanding was accompanied by the other STM Justices, which welcomed the representation presented by the Military Public Prosecutor’s Office.
DEFENSE
During the process, the defense maintained that the facts belong to the private sphere of the accused and have no relation to the exercise of the military function, which is why the loss of the patent would not be applicable.
The argument, however, was rejected by the court.
CONDEMNATION
In addition to the decision in the Military Court, the retired second lieutenant had already been sentenced by the common Justice to six years in prison for the crime of extremely serious bodily injury due to the intentional transmission of the HIV virus to the two women.
