Lawyer asks for his own client's conviction and defendant is considered 'defenseless' in SC A lawyer cannot leave the defendant without defense in criminal proceedings, according to the Law Statute. In Florianópolis, however, the case in which the defender of a defendant accused of drug trafficking agreed with the Public Ministry's thesis of convicting his own client had repercussions on social media and led to an investigation by the Brazilian Bar Association (OAB) in Santa Catarina. 🔎 But what can and cannot a lawyer do while defending a person in a criminal case? g1 sought out legal experts who explained that defenders may even agree with part of the accusation's thesis, but never act to the detriment of the client (see below). ✅Click and follow the g1 SC channel on WhatsApp 'You deserve a defense', judge tells defendant Lawyer seeks conviction of his own client The professor of criminal procedure at the Federal University of Santa Catarina (UFSC) Matheus Felipe de Castro, for example, explained that the lawyer cannot leave the defendant defenseless and recalled that the Brazilian Constitution provides, in section LV of article 5, that every accused has the right to defense. "We are not obliged to deny the authorship of the act. Sometimes, this authorship is evident. So, we admit it. But we ask for self-defense, a reduction in the sentence, we ask for what we call the privilege of legal professionals. What we cannot do, what is vetoed, is for us to simply agree with the Public Prosecutor's Office", he explained. 'You cannot act to the detriment of the client' Article 34 of the Law Statute provides for a series of disciplinary infractions. The professor highlights section "It is a lawyer's legal obligation to make this challenge. As I said, it does not need to be a challenge, it is total, absolute. You can agree with some parts, if that is of interest to the defense, but you cannot simply adhere to the version. Otherwise, the defendant may be left defenseless", elaborated the professor. He highlighted that this is the rule in criminal proceedings. "In civil cases involving property, you can agree to the plaintiff's demand. You are not obliged to always contest. In crime, no. The person cannot give up their defense." Professor Camila Damasceno de Andrade, also from UFSC, summarized the issue: "Basically, a defense lawyer cannot agree with the accusation and request a conviction, because he cannot act to the detriment of the defendant who hired him." Andrade also cited summary 523 of the Federal Supreme Court (STF), which says that, in criminal proceedings, the lack of defense results in the nullity of the action, if there is proof of harm to the defendant. What happens if the defendant becomes defenseless? The Code of Criminal Procedure, in article 261, provides that no accused will be tried without a defense attorney. In cases where the judge finds that the defendant is defenseless, the judge is obliged to ensure that the accused is defended, explained lawyer specializing in constitutional law Kauana Nunes de Palma. "Article 263 of the Code of Criminal Procedure provides that, in the absence of a technical defense, the judge must appoint a defense attorney to represent the defendant. Without a technical defense, the entire process is at risk, any act carried out under these conditions may be annulled in the future." What happened in Florianópolis? In the case of Florianópolis, the defendant for drug trafficking and illegal possession of a firearm was considered defenseless by the courts after his own lawyer agreed with the request for conviction made by the Public Ministry of Santa Catarina (watch the video at the beginning of the text) Upon receiving the lawyer's response, judge Carolina Ranzolin Nerbass noted that she could not accept that position and that she would have to consider the defendant defenseless. The case took place at an evidentiary hearing on May 28. She explained the situation to the accused and gave him three days to appoint a new lawyer. Otherwise, she herself would appoint a legal defender — which ended up happening. Lawyer asked for conviction of his own client and defendant is considered 'without defense' Reproduction What does the OAB/SC say? The Brazilian Bar Association – Santa Catarina Section (OAB/SC) informs that, as soon as it became aware of the facts disclosed involving the actions of a lawyer during a criminal hearing held in the District of the Capital, it informed the magistrate responsible for the case, requesting information and documents related to the incident, in order to fully understand the circumstances of the facts and evaluate the possible adoption of the measures provided for in the Law and OAB Statute. The OAB/SC acts firmly in the defense of professional prerogatives and the indispensability of law for the administration of Justice. With the same rigor, it does not tolerate conduct that may represent a violation of the ethical duties inherent to the exercise of the profession. If disciplinary infractions are found after due investigation, the appropriate procedures may be initiated within the scope of the Ethics and Disciplinary Court, which are processed under legal secrecy. Law must be an example for society. Therefore, the OAB/SC maintains permanent action both in the protection of professional prerogatives and in the ethical supervision of legal activity. In the last five years, the Sectional imposed 557 suspension sentences and promoted the exclusion of 69 lawyers from its staff. VIDEOS: most watched g1 SC in the last 7 days