Doctor and nursing technician charged with qualified homicide in death of child in Manaus
Manaus court accepted public prosecutor's indictment against two healthcare professionals in the death of boy Benício Xavier de Freitas at a private hospital.
Indictment accepted: death of Benício Xavier de Freitas at Manaus hospital goes to trial
Judge Fábio César Olintho de Souza of the 1st Circuit of the Trial Court of the Manaus District formally received the indictment filed by the Public Prosecutor's Office of the State of Amazonas (MP/AM) against doctor Juliana Brasil Santos and nursing technician Raíza Bentes Praia. According to a report from tjam.jus.br, the decision was published on Wednesday, 3 June 2026, and makes the two professionals defendants for the qualified homicide of boy Benício Xavier de Freitas, which occurred within a private hospital in Manaus.
The MP/AM classified the conduct of the accused under the category of eventual intent — when the agent assumes the risk of producing the result — qualified by the use of poison, based on article 121, § 2, subsection III, of the Criminal Code. According to the indictment, Juliana Brasil issued an electronic prescription with an overdose of adrenaline administered intravenously. The substance was administered as prescribed by Raíza Bentes, resulting in the child's death.
Ideological falsity and non-existent specialty
In addition to qualified homicide, Juliana Brasil Santos is charged with ideological falsity (article 299 of the Criminal Code), a crime allegedly committed ten times in formal concurrence. Investigations indicate that the doctor used stamps and forms declaring she possessed a specialty in paediatrics without the proper Specialist Qualification Register (RQE).
Partial dismissal of investigations
The Judiciary endorsed the directive from the MP/AM that determined the partial dismissal of investigations in relation to others involved. The hospital managers and on-duty doctors were exonerated of criminal responsibility, against whom culpable homicide was initially suspected. Suspicions of procedural fraud and use of false documents against Juliana Brasil Santos were also dismissed. With the endorsement grounded in article 28 of the Criminal Procedure Code, the criminal action will proceed exclusively against the two defendants.
Parents of Benício qualified as prosecution assistants
In the same decision, the magistrate granted the request for qualification of Bruno Mello de Freitas and Joyce Xavier de Carvalho, Benício's parents, to act as prosecution assistants. The request had previously been denied due to the absence of a formalised criminal action — an obstacle overcome by the acceptance of the indictment.
Partial confidentiality regarding images of the victim
The court determined the partial lifting of judicial secrecy, restoring the publicity of procedural acts as provided for in the Constitution. In compliance with the Statute of the Child and Adolescent (ECA), confidentiality was maintained solely over the collection of media, videos and photographs depicting Benício in critical condition or at the time of death. In the decision, Judge Fábio César Olintho de Souza noted that such records are extremely sensitive and that their disclosure would cause renewed suffering to family members.
Doctor's defence bid rejected
The magistrate entirely rejected a request from the defence of Juliana Brasil Santos seeking the readjustment and individualisation of the witness list from the MP/AM. The defence argued that the prosecution should specify which witnesses would prove homicide and which would address ideological falsity.
The judge considered the technical premise flawed, emphasising that the legal limit of eight witnesses, provided for in article 401 of the Criminal Procedure Code, is calculated per fact and per defendant, and that the list presented by the MP/AM is within legal parameters. Fábio César warned that insisting on requests of this nature in phases that require expedition resembles dilatory conduct, recalling that "the constitutional guarantee of comprehensive defence is not to be confused with dilatory use of the process".
Next steps
With the acceptance of the indictment, the court determined the personal service of summons on Juliana Brasil Santos and Raíza Bentes Praia so that they may present a written response to the charges within ten days, in accordance with the procedure under article 406 of the Criminal Procedure Code. Should the defendants not be located, it was already determined that service by public notice shall take place.
Source: Google News BR — Crime