The order of Brazilian lawyers requests information on processes of prisoners in Brasília

The section of the Federal District of the Order of the Lawyers of Brazil (OAB-DF) sent a letter to Justice Alexandre de Moraes, of the Federal Supreme Court (STF), to request information on the processes that they are processing against more than 1,000 prisoners, accused of participating in two acts of vandalism on January 8 or arrested for being in front of the Brasília Headquarters, on January 9.

The OAB-DF informed the minister that two prisoners were sought by lawyers, who reported that their professional prerogatives were violated and denounced the “abnormal” situation of two detainees, in circumstances that were of human rights.

Not officially, the OAB-DF requests three reports from the Justice, based on the Constitution and on other Brazilian laws, to guarantee the full right of defense and due legal process.

At first, the identification of two processes (class and number) in the STF, since the lawyers do not know for what their clients are being judged.

Afterwards, what would be the electronic petition system or what other procedure should be adopted by the lawyers to obtain the orders, especially the custody hearing records carried out.

Despite being outdated and questionable, Moraes usually makes available the records of inquiries only on paper.

Finally, the OAB-DF wonders if the STF has a deadline to analyze the requests for release, considering that the custody hearings, second reports (there are no official information), would have ended and the Brasília prison system would be overcrowded, “or that entails a series of problems related to basic human rights, including prisoners without minimal medical treatment for abnormal situations”.

The overcrowded prisons in the Federal District are notorious.

On Monday (16), Justice Gilmar Mendes, of the STF, ordered the release of 85 women prisoners in the semi-open regime – who returned to the prison only at night – at Penitenciária da Colméia, in the Federal District, to accommodate the women prisoners in front of the barracks.

The decision responded to an emergency request from the Public Defender’s Office.

OAB-DF HAS POINTED OUT FLAWS IN THE CUSTODY HEARINGS

On the last day of January 11, the OAB-DF requested clarifications from the Federal Regional Court of the 1st Region (TRF1) on complaints that the two prisoners’ lawyers would be having difficulties to participate in custody hearings, or that it is unconstitutional.

At the time, the OAB-DF reminded that this case is confirmed, it would set the process null and void due to the legal process.

After the departure of the OAB-DF, the president of the National OAB, Beto Simonetti, met with Justice Alexandre de Moraes to discuss two aforementioned abuses.

He also participated in the meeting with the president of the OAB-DF, Délio Lins e Silva Jr.

The presidents will manifest to Moraes their concern with violations of the prerogatives of advocacy and with the treatment given to prisoners.

After the meeting, Simonetti and Silva Jr. affirmed that they will request the entry of the entities as amicus curiae inquiring into Moraes’s report that dealt with two acts of January 8.

WHAT LAWYERS SAY

In addition to disclosing the 24-hour deadline for the custody hearings, the lawyers point to other violated rights, such as the absence of the voice of imprisonment by the police authorities.

To convince the demonstrators to enter the bus, on January 9, the Federal Police would have invited you to present them to be “qualified and released”, when they were actually being imprisoned.

There was also no individualization of the conduct: the same note of guilt was issued for all the people, regardless of whether they were imprisoned in the headquarters of the Three Powers or if they were not encamped in front of the Army Headquarters.

The lawyers also reported that they are not able to deliver hygiene kits in sufficient quantity to the prisons. Inmates have to use plastic bags as sanitary pads or remained for a week without changing intimate clothes.

With information from Gazeta do Povo

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