The Brazilian Bar Association (OAB) and the defense of lawyer and influencer Deolane Bezerra will work together to try to ensure that she serve possible preventive detention in a General Staff room or in a location considered equivalent, as provided for in the Law Firm Statute.
According to sources heard by the column, the entity is not defending Deolane specifically, but rather a professional prerogative guaranteed to any lawyer who may be detained preventively. The legislation establishes that, in these situations, the professional must remain in a General Staff room or in facilities considered worthy and comparable to this type of accommodation.
According to reports, although Deolane is separated from the other inmates at the Tupi Paulista Penitentiary—with no contact during sunbathing, visits, internal travel or consultations with lawyers—, this isolation condition would not be sufficient to characterize the space as equivalent to a General Staff room.
The OAB’s assessment is that the lawyer remains housed in a cell. Among the points questioned are the physical conditions of the place. Sources from the entity state that the space is small and that the area used to accommodate meals is next to the toilet, a situation considered inadequate from a health point of view.
According to reports, the cell contains some items not available to other inmates.such as a shower with hot water, fan and television set. However, the TV receives practically no signal due to transmission limitations in the region where the prison is located.
The OAB maintains that the claim is not restricted to Deolane’s case. Another lawyer imprisoned in the same unit was also being assisted by the entity, which claims to act in defense of the prerogatives of the entire class, regardless of the identity of the professional involved.
Change of legal strategy
The procedural strategy also underwent changes today. The OAB withdrew its own habeas corpus that it had presented, in response to a request from Deolane’s defense.
Now, both OAB of São Paulo and the Federal Council of the OAB must join as assistants in the habeas corpus already filed by the influencer’s lawyers. The measure seeks to concentrate the legal arguments in a single action, reinforcing the request for the lawyer to be transferred to a General Staff room or to facilities considered compatible with the prerogatives provided for by law.
To date, there is no definitive decision on the request.
