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Isadora Fingermann General Coordinator Institute in Defense to the Right to /idireitodedefesa

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Presentation on theme: "Isadora Fingermann General Coordinator Institute in Defense to the Right to /idireitodedefesa"— Presentation transcript:

1 Isadora Fingermann General Coordinator Institute in Defense to the Right to /idireitodedefesa

2 Legal Aid in São Paulo *Census, PUBLIC DEFENDER Public servantBachelor’s degree in Law Must have passed a civil service examination Control by the external Public Ombudsman Office COURT-APPOINTED LAWYERS Are not public servantsBachelor’s degree in Law Must have passed the Brazilian Bar Association examination No quality control São Paulo State Public Defender’s Office: 719 public defenders (about 250 in the criminal area - only 4 responsible for all of the investigation phase in the City of São Paulo) Brazilian Bar Association - SP: 44,513 lawyers integrate the free legal aid agreement (just in São Paulo)

3 Timeline of the First Stages of Criminal Proceeding in Brazil: POLICE INTERROGATION ARREST IN FLAGRANTE DELICTO PRISON PAPERS SENT TO A JUDGE AND A DEFENDER WITHIN 24 HOURS FROM THE ARREST FILING/ACCEPTA NCE OF THE INDICTMENT (START OF THE PENAL ACTION) FILING OF A REPLY TO THE CHARGES BY THE DEFENSE HEARING POLICE INTERROGATION: The presence of a lawyer is not mandatory! POLICE INTERROGATION: The presence of a lawyer is not mandatory! PRISON PAPERS SENT TO A JUDGE AND A DEFENDER WITHIN 24 HOURS FROM THE ARREST: There is no custody hearing! First moment when the public defender should request the temporary release of the defendants PRISON PAPERS SENT TO A JUDGE AND A DEFENDER WITHIN 24 HOURS FROM THE ARREST: There is no custody hearing! First moment when the public defender should request the temporary release of the defendants FILING OF A REPLY TO THE CHARGES BY THE DEFENSE The defense witnesses are selected without any contact with the defendant! FILING OF A REPLY TO THE CHARGES BY THE DEFENSE The defense witnesses are selected without any contact with the defendant! HEARING: First contact between the defender and judge with the defendant (+/- 4 months after the arrest)! HEARING: First contact between the defender and judge with the defendant (+/- 4 months after the arrest)!

4 IDDD’s Pilot Project: SOS Liberdade (SOS Freedom) – 2011/2012 Profile of those detained in the prison unit (537 inmates): 74%between 18 and 34 years old 84%earned up to 3x the minimum wage (+/- US$ ) 63%had only completed primary school 59%were mixed race or blacks 93%did not have a private lawyer 31% on bail. This data is a concern, given the unequivocal low financial conditions of these defendants to pay the bail arbitrated by the judge. 31% on bail. This data is a concern, given the unequivocal low financial conditions of these defendants to pay the bail arbitrated by the judge. *From the analysis of 344 cases

5 IDDD’s Pilot Project: Primeira Defesa (First Defense) – volunteer lawyers assigned to 5 police stations in the city of São Paulo 5 police stations in the city of São Paulo who have already done 16 x 6 hour shifts There are: PRELIMINARY RESULTS: 8cases 4bails obtained 0precautionary measures different from bail has been applied so far 7freedom requests presented by the IDDD lawyers 6habeas corpus presented by the IDDD lawyers

6 Isadora Fingermann General Coordinator Institute in Defense to the Right to /idireitodedefesa


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