Carolina was walking home talking on her cell phone in the city of São José when she was approached by Rafael, who said: 'This is a robbery! Give m...

Carolina was walking home talking on her cell phone in the city of São José when she was approached by Rafael, who said: 'This is a robbery! Give me your phone or you'll see the consequences!'. Faced with the serious threat, Carolina handed over the phone and the agent fled on his motorcycle towards the city of Florianópolis, consummating the crime. Nervous, Carolina told her boyfriend Guilherme, who left in his car, along with a military police officer, in search of Rafael. Based on the license plate of the motorcycle noted by Carolina, Guilherme located Rafael, already in Florianópolis, still in possession of the victim's cell phone and also with a knife in his waist, and the police officer made the arrest in flagrante delicto. Due to the facts, Rafael was charged with the crime provided for in Article 157, § 2, item I, of the Penal Code, before a Criminal Court in the district of Florianópolis, and the