A lawyer asked for his own client’s conviction during a hearing at the TJSC (Santa Catarina Court of Justice), in a case in which he was charged with drug trafficking and illegal possession of a firearm.
Can the defense ask for the client’s own conviction?
Criminal lawyer Renan Bohus explains to CNN Brasil that The defense of a defendant cannot act to the detriment of the client itself.
“The lawyer cannot simply act to the detriment of the interests of the accused or ask for his conviction in the exact terms of the accusation, without any defensive strategy. This is because the Federal Constitution guarantees the defendant the right to full defense and contradictory proceedings, and it is up to the defender to act in a technical way to protect the rights of his client”, he highlights.
Furthermore, he states that, in certain situations, the defense can adopt a strategy that involves recognizing a fact related to the client, but all measures depend on the procedural context.
“In certain situations, the defense may adopt a legal strategy that involves the recognition of a fact or even request conviction for a less serious offense, seeking, for example, the disqualification of the charge, the recognition of a reason for reducing the sentence or the application of a milder sanction”, he points out.
Mauro Tavares Cerdeira, lawyer and economist, highlights that the Defense action is essential for democracy.
“The lawyer is essential to democracy precisely because he has the social function of defending people accused of crimes, who, through it, can prove their innocence. Defense is an essential right to citizenship and is linked to human dignity. The moment he denies this right to his own client and asks for his conviction, he ceases to be a lawyer, and the client has the right to establish a new professional,” he told CNN Brazil.
Lawyer specializing in corporate law and capital markets Renato Tescari explains that the practice can only be admitted in extremely exceptional situations.
“When, in fact, the lawyer verifies that there is no other way or that, legally, that solution is the most appropriate, both for the Law and for the client himself”, he states.
However, he points out that, in practice, It is very difficult to find a case in which the defendant has no possibility of defense.
“In reality, I would say that it is almost impossible for us to encounter a situation in which a defendant does not have the right to some point of defense or debate in relation to any defensive matter”, concludes Tescari.
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Understand the case
On May 28, a virtual session held by the 3rd Criminal Court of the District of Florianópolis, conducted by judge Carolina Ranzolin Nerbass, who did not agree with the allegations made by lawyer Rodrigo Pantaleão, .
At the time of the closing arguments, the defender agreed with the accusations presented by the Public Prosecutor’s Office and asked for the accused’s conviction.
The response surprised the judge, who did not accept the statement and considered the defendant defenseless. “I cannot accept your final arguments, doctor. I will consider the defendant defenseless”, he stated.
The judge then ordered the accused to present a new defense.
*Under the supervision of Thiago Félix
