The trial of Paulo Cupertino, accused of killing actor Rafael Miguel and his parents, was suspended after the defendant dismissed his lawyer, on Thursday (10). The decision was motivated by an alleged breach of trust during the testimonies.
The Sentencing Council, which is the group of people who decide whether the defendant is accused or innocent, was also dissolved and the statements were annulled. According to the São Paulo Court of Justice, the entire trial process will be redone.
“He, unfortunately, is not collaborating with anything”, says lawyer dismissed by Cupertino
Lawyer Alexander Neves Lopes, who was dismissed by Paulo Cupertino during the popular jury session that took place this Thursday afternoon (10), at the Barra Funda Forum, he said that the defendant “is playing a game that everyone (sic) is buying”.
Cupertino understood that there was a breach of trust between him and the lawyer during the testimonies. As a result, it will be necessary to appoint a new lawyer.
According to Lopes, the defendant claims that a “circus” was created so that he could be convicted. “He unfortunately is not cooperating with anything,” he said.
For the prosecution, the strategy of dismissing the lawyer and thus dissolving the jury was something agreed between the defendant and the defense team.
“I warned that the defense would act cunningly to prevent this trial, that is exactly what happened today, in the 45th minute of the second half, the defense lawyer was removed. What will happen now? A deadline will open again, appointing a new lawyer and he will not appoint a lawyer right away, he will wait for the deadline, where the public defender’s office will come in, in about 40 days and the public defender’s office will appoint the new defense. The moment the defender is determined, there will be a deadline open again, he will remove him again and will hire other private lawyers, that is, two, three, four months in the future, unfortunately”, highlighted Ricardo Marinho, Isabela’s lawyer (daughter ) and Vanessa Tibcherani (former Cupertino teammate).
What happens after the lawyer’s dismissal
THE CNN spoke with Leonardo Pantaleão, a specialist in criminal law and procedure, who explained the impacts of Paulo Cupertino’s decision, and how the dismissal of a lawyer had an impact on the Court’s judgment.
The dismissal of a lawyer before the Jury Court plenary can have several consequences, including the immediate replacement of the defender with the consequent suspension of the trial, given that the defendant may have his rights harmed if he does not change lawyers effectively.
“The lack of a defender can affect the defense and, consequently, the outcome of the trial” explains Pantaleão.
The expert explains that a lawyer’s dismissal may occur for a variety of reasons, such as inadequate defense, unjustified absence or conflict of interest. It is essential that the reasons are clear and justifiable. Therefore, the dismissal of a lawyer in the Jury Court is a process that requires attention and legal care to ensure that the defendant’s rights are preserved throughout the judicial process.
Decision to dismiss the lawyer could bring some benefit to the defendant
The removal of a lawyer from the Jury Court may, in some circumstances, bring benefits to the defendant. Pantaleão explains that even a new defense perspective can already be considered a beneficial factor in dismissal.
In cases such as Paulo Cupertino, who made the choice after the testimony of his daughter and ex-partner, the specialist in Criminal Law considers that one of the reasons may be justified by the lack of connection between lawyer and client.
This happens because using a new professional, the defendant can consider reevaluating the procedural strategy, and thus reestablishing trust.
“Although dismissal may bring some benefits, it is essential that this measure is taken with caution, always considering the time needed for the new defense to prepare adequately for the trial”, highlights the expert.
How many times can a defendant remove a representative from a Popular Jury?
The defendant, in the Jury Court, has the right to dismiss his lawyer as many times as he deems necessary, and there is no legal limit to this measure. On the other hand, although the defendant can remove his representative at any time, it is important that this decision has reasonable justifications, such as lack of trust, conflict of interests or inadequacy in the defense.
“Dismissals must be formally communicated to the judge, who will assess whether the change is valid and whether there is enough time for the new lawyer to prepare adequately”, explains Pantaleão.
Thus, while there is technically no limit to the number of dismissals, the practice and process implications must be carefully considered.
Judgment delay mechanism
THE CNN investigated with the expert whether this lack of limit on dismissals could, ultimately, be a strategy by defendants in the same condition as Cupertino, to postpone the trial.
“There are several legal instruments that can be used by the prosecution and the Court to prevent the repeated dismissal of lawyers from being used to delay the trial” explains the expert.
Among the measures, according to him, are for example, the judge considering that the defendant has already had sufficient opportunities to choose his defender and, thus, limiting further dismissals after a certain point in the process, especially close to the trial date.
These instruments are fundamental to ensuring that the right to full defense is not abused to delay the progress of the judicial process. Other measures listed by the expert are:
- The judge may set a specific deadline for the defendant to present a new attorney after dismissal. If this deadline is not met, the judge may appoint a defense attorney;
- The judge may require the defendant to justify the dismissal of the lawyer, assessing whether there are grounds for the change without this representing an attempt at procrastination.
- The judge, if he identifies that the practice of repeated dismissals becomes evident and abusive, may decide not to accept new dismissals, aiming to preserve the effectiveness of the process;
- The judge may also request the Public Defender’s Office to maintain one of its members able to, in the event of a new and deliberate dismissal of the defense, be able to assume, in the same procedural act, the technical defense of the accused, without this giving rise to a new interruption of the trial and the loss of the acts performed.
This content was originally published in Caso Cupertino: understand how the dismissal of a lawyer impacts the trial on the CNN Brasil website.
Source: CNN Brasil
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