The Supreme Court (STJ) confirmed the fine of 300 euros euros applied by the Lisbon Court of Appeal (TRL) to a young man, that at the material time he had 16 year old, for improper introduction into a building in the Residential District of the Air Base (BA) 11, in Beja, which has been abandoned since 2014.
The president of the 3rd section of the STE voted against the decision, for disagreeing that the defendant had been punished based on articles of the Code of Military Justice.
By agreement of a group of judges from the Judicial Court of Lisbon (TJL), of 26 October 2022, together with two other co-accused, the young man was acquitted of the crime of illegal entry or stay, in the building known as the “Tower”, which was intended for Officers and Sergeants in Transit of the Air Force.
Not satisfied with the decision, the Public Prosecutor (MP) of TJL filed an appeal to the TRE, alleging that “the defendant entered a vacant building, besieged in the Air Force residential neighborhood, located at the Beja Military Base”, What is not true, as it is located in the urban perimeter of the city. Make a is recurso, in April of this year, the TRL revoked the decision of the 1st instance and sentenced the defendant, the penalty 2 months in prison, replaced by 60 fine days, the fee of 5 euros, in total 300 euros. The unusual thing about the case has to do with the fact that two other young people entered the building in the company of the convicted man and were acquitted in all instances.. They are not even part of the MP's allegations in the appeal to the.
Who disagreed with the STJ’s decision in its entirety?, it was judge Nuno A.Gonçalves, president of the 3rd criminal section who judged the defendant's appeal after the TRE's decision. The judge recalls that the 1st instance MP Prosecutor only appealed the decision to acquit this defendant, that “the Relationship condemned despite being the youngest, with only 16 years", ignoring in the appeal the “other two co-accused despite the proven facts”. For Nuno A.Gonçalves, the neighborhood “is not fenced, only has an information board, being free to circulate for those who travel on foot or by car and that the building in question, has been uninhabited since 2014 and presents some level of visible degradation”, in contrast to what was defended by the MP.
Second indictment order, the facts go back to the early hours of the day 16 July 2020, when between 02:00 and 03:30, the defendant and the other two friends entered the building.
Ao Lidador NotĂcias source from the Beja District Command of the PSP stated that “any and all occurrences that occur in the neighborhood, The responsibility for action is the responsibility of the Police and there is no record that they were called upon to identify or detain any person”, with our source adding that the informative sign at the entrance to the neighborhood “is worth zero. Does not apply to the movement of people or vehicles”.
Logo, whether the identification of the individuals was carried out by military personnel from the BA11 Air Police, which only has jurisdiction within the military unit, it is illegal.
The residential neighborhood and the “Tower”
It is a building of 10 floors, a total of 60 apartments, and that since 2014 became the city's pigeon dormitory. It is integrated into the residential neighborhood that was built 55 year old, with the arrival of the German Air Force, where there are several residential blocks with a total of 330 apartments, which came into the possession of FAO in 1993, with the departure of the Germans from Portugal.
Businessman intended to recover Tower. Air Force did not respond.
Early 2018, Philip Cameirinha, businessman in the hospitality and agriculture sector, began negotiations with the Air Force, aiming to recover the “Tower” and create apartments for short-term rental, an investment 1,8 million. “The idea was to make a contract for 30/40 year old, upon payment of a monthly rent. From the Air Force the answers were by mouth. To date, they have not responded in writing to avoid committing themselves.”, justified the businessman.
Teixeira Correia
(journalist)
