2023-11-14 10:00:00
Lawyer Ezequiel Silveira, who defends around 20 defendants for the acts of January 8, sent on Monday the 13th a refusal to agree to the non-criminal prosecution of the Attorney General’s Office of the Republic (PGR) to one of your customers. According to the document, cited by People’s Gazettethe lawyer considered the agreement “unreasonable, thoughtless, punitive, and, therefore, incompatible with the principles of negotiating justice”.
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“The proposed conditions are more serious than any penalty to which the accused could legally be subjected, even in the event of conviction, since the defendant, even without having committed any crime, spent almost two months in prison and continues to be monitored electronic and other precautionary measures until today”, wrote the professional, in an excerpt quoted by Gazeta.
The Attorney General’s Office offered non-criminal prosecution agreement to the defendants of January 8 who were camped in front of the Army Headquarters in Brazil and were accused of criminal association and incitement of crime, whose total sentences do not reach four years.
To sign the agreement, the defendant must confess that he committed both crimes and commit to providing services to the community, in addition to paying a fine. In the case of the acts of January 8, the stipulated value was R$5,000 to R$50,000. Furthermore, whoever accepts the agreement must participate in a course on democracy. Another point in the PGR agreement is the prohibition on participating in social networks.
Imposing confession on January 8th is unconstitutional, says lawyer
Protesters occupy the National Congress to protest against the Lula government – 01/08/2023 | Photo: Marcelo Camargo/Agência Brasil
In the petition, the lawyer also argues that he said that the imposition of confession is unconstitutional, since “the Federal Constitution guarantees citizens the guarantee of non-self-incrimination, enshrining the right to silence”.
Because of this, said the lawyer, the client will not accept the “immoral and indecent proposal” and will prove her innocence in court. “The counter-proposer has sufficient moral standing (apparently lacking in several institutions of the Brazilian Republic these days) not to submit to accepting the immoral and indecent proposal offered by this PGR, not wishing to confess the facts imputed to her, not reconsidering the previous statement and aiming to prove his innocence in court.”
Read also: The triumph of injustice, report published in Edition 182 of Revista Oeste.
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