Post by xyz2900 on Feb 11, 2024 6:37:17 GMT -5
The episode shed light on a strange situation: the fact that congressmen believe that, as legislators, they have the power to choose whether or not they want to submit to the country's laws and Constitution. The finding is not recent and the reaction of the Federal Supreme Court had already been taking shape since the court was renewed under this government. The fact is that Oliveira Lima's elegant insistence, in the words of the ministers themselves, led the court to define that parliamentarians, in all acts, when invested with judicial functions, subordinate themselves to all the obligations that weigh on judges. In this interview with the Consultor Jurídica team , José Luís Oliveira Lima (known among his friends by the nickname Juca ), narrates his experience and gives his opinion on controversial topics such as plea bargaining and the way in which preventive detention has been applied in Brazil.
He argues that the lawyer cannot give up any possibility to guarantee a fair trial for his client, even if the whole country, in chorus, boos the initiative. “What I asked for in the Supreme Court is that the rights provided for in the Constitution and the Criminal Procedure Code Belize Email List be guaranteed. Even the ministers who did not grant our requests made it clear that there should be the right to defense,” he said. Journalists Márcio Chaer, Maurício Cardoso, Maria Fernanda Erdelyi, Rodrigo Haidar and Adriana Aguiar participated in the interview in Consultor Jurídica magazine . Read the full interview: ConJur — How was your relationship with parliamentarians during the defense of deputy José Dirceu? Oliveira Lima — Very good. There were no problems.
There were four and a half months of battle. I was hired on July 19th and on August 2nd was Dirceu's first statement. From the beginning I received respectful treatment from all deputies. Of course there was one or two criticisms when we were successful in the Supreme Court, but everything was normal. I left there greeted by all the deputies. Even on the day of the plenary vote, parliamentarians from all parties treated me very well. I left with a good impression of parliament.Specifically in the criminal area, the use of Habeas Corpus has been intensive by lawyers. That's a weapon the prosecution doesn't have. So, anything that happens in the process, the defense files Habeas Corpus and interposes one on top of the other all the way to the Federal Supreme Court. And the prosecution does not have that instrument.
He argues that the lawyer cannot give up any possibility to guarantee a fair trial for his client, even if the whole country, in chorus, boos the initiative. “What I asked for in the Supreme Court is that the rights provided for in the Constitution and the Criminal Procedure Code Belize Email List be guaranteed. Even the ministers who did not grant our requests made it clear that there should be the right to defense,” he said. Journalists Márcio Chaer, Maurício Cardoso, Maria Fernanda Erdelyi, Rodrigo Haidar and Adriana Aguiar participated in the interview in Consultor Jurídica magazine . Read the full interview: ConJur — How was your relationship with parliamentarians during the defense of deputy José Dirceu? Oliveira Lima — Very good. There were no problems.
There were four and a half months of battle. I was hired on July 19th and on August 2nd was Dirceu's first statement. From the beginning I received respectful treatment from all deputies. Of course there was one or two criticisms when we were successful in the Supreme Court, but everything was normal. I left there greeted by all the deputies. Even on the day of the plenary vote, parliamentarians from all parties treated me very well. I left with a good impression of parliament.Specifically in the criminal area, the use of Habeas Corpus has been intensive by lawyers. That's a weapon the prosecution doesn't have. So, anything that happens in the process, the defense files Habeas Corpus and interposes one on top of the other all the way to the Federal Supreme Court. And the prosecution does not have that instrument.