One discussion between a lawyer and a delegate in a police station in Salvador, resulted in the prison voice for contempt for the lawyer last Tuesday (20). The incident occurred at the 12th Territorial Police Station (DT) of Itapuã and will be investigated by the Civil Police Office.
Lawyer Mateus Nogueira reported on his social networks that he arrived at the police station around 11am to file a petition on behalf of two clients, victims of willful bodily injury. According to him, the delegate Ana Paula Gomes Ribeiro requested to see the document and, after analyzing it, disagreed with the legal reasoning, refusing to establish the investigation and being “extremely gross”.
The lawyer stated that by mentioning that he would take the document to the prosecutor, the delegate “began to scream” so that he would leave the room and retain his documents. Look:
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A policeman was called and “took him to the force of the room,” when the delegate would have said he was arrested for contempt and stopped him. Nogueira described the action as a physical aggression and accused the delegate of violating her prerogatives.
Nogueira insisted on obtaining his documents and completing the procedure. He reported that the delegate would have shouted: “put a contempt”, to which the lawyer countered: “You will arrest me by contempt, doctor. In the exercise of my profession, I lawyer, you will arrest me … This is simply disgusting and inadmissible.”
Even after being informed that it could be released, Nogueira remained at the police station, insisting that the standard procedures were completed, as he had received a prison voice.
He reported that the delegate and someone else left for lunch, leaving their documents locked in the room. Nogueira waited for the return of the delegate, which occurred about 30 minutes later, and a colleague of her drawn up the Circumstance Term of Occurrence (TCO) for contempt against the lawyer.
The lawyer said he will take the case to the State Public Prosecution Service, the Bahia Civil Police Office, the OAB Bahia, the OAB Federal Council and the National Abracrim.
What the Civil Police says
The Civil Police, through the 12th DT/Itapuã, reported that the delegate requested that the lawyer would withdraw from the room for being interfering with the work of judicial police. Faced with the refusal and “exalted” behavior of the lawyer, he was removed from the scene.
The case was registered by both parties and sent to the Corregedoria, and representatives of the OAB Prerogatives Commission followed the occurrence of the delegate’s invitation.
THE CNN He tried to contact the delegate and the space is still open to demonstrations.
What the OAB-BA says
The Brazilian Bar Association (OAB-BA), upon learning of the case, sent a representative of the Rights and Prerogatives Commission to the police station to accompany the facts and ensure respect for the prerogatives of law.
OAB-BA President Daniela Borges reiterated that “respect for professional prerogatives is not a privilege, but an essential constitutional guarantee to the free exercise of defense and the promotion of justice”.
She emphasized that “there is no hierarchy between lawyers and other justice system members, including police authorities, and that mutual respect is a legal duty.” The OAB-BA, through its legal prosecution of prerogatives, will continue to follow the consequences of the case.
Mateus Nogueira said he will take the case to the State Public Prosecution Service, the Bahia Civil Police Office, the OAB Bahia, the OAB Federal Council and the Nacional Abracrim, reinforcing that “law firm and criminal law will not admit and will not bend in the face of mischief, violations and prerogatives and tyranny of anyone”.
What does Abacrim-BA say
The Brazilian Association of Criminal Lawyers of Bahia (Abracrim-BA), also spoke about the case, repudiating “the arbitrary and inadmissible conduct starring the delegate Ana Paula Gomes Ribeiro”.
The entity stressed that Mateus Nogueira, in full exercise of its function, “was a direct target of actions that undermine professional and institutional guarantees provided by law.”
Abacrim-BA states that the episode was fully documented in video and audio, and witnessed by AbraCrim-BA ombudsman Dr. Joaquim Saback and the vice president of the OAB/BA Prerogatives Commission, Dr. Heidi Fiuza.
Abacrim-BA reaffirmed that the lawyer is inviolable in the exercise of the profession, and that “it cannot be admitted-under any pretext-any attempt at curtailment, intimidation or illegal embarrassment.”
The episode was classified as “very serious violation of professional prerogatives”. The entity concludes by reinforcing its commitment to the protection of the Constitution, the dignity of the profession and the pillars of the Democratic Rule of Law, and which will adopt all appropriate measures for the legal, disciplinary and functional liability of those involved.
*Under supervision by Carolina Figueiredo
This content was originally published in after discussion in a police station, a lawyer receives a prison voice in Salvador on the CNN Brazil website.
Source: CNN Brasil
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