Lawyer asks for his own client's conviction and defendant is considered 'defenseless' in SC The lawyer who agreed with his own client's conviction was using his cell phone when the prosecutor from the Santa Catarina Public Ministry (MPSC) was speaking and insisted after the judge argued that she would consider the defendant without a defense. His conduct drew attention in the video of the hearing (watch above). The case took place in Florianópolis on May 28. The lawyer is Rodrigo Pantaleão. g1 has been trying to contact him since Wednesday (10). ✅Click and follow the g1 SC channel on WhatsApp During the hearing, the lawyer appears looking at his cell phone and typing on the device during the prosecutor's speech. He only looks away from the phone when called by the judge. He tells her he agrees with the MPSC. When she explains that she will consider the defendant defenseless, he insists. On Monday (8), the Brazilian Bar Association (OAB) requested the investigation of a possible ethical violation by Pantaleão, which was granted by the Court. The defendant is 36 years old and is charged with drug trafficking, resisting the police and carrying a weapon with a suppressed number. He is imprisoned in Florianópolis. The judge, Carolina Ranzolin, considered the accused without defense. During the course of the process, as the person being investigated did not present a new lawyer within three days, defender Jackson José Seilonski was appointed by the 3rd Criminal Court. When contacted, the lawyer informed that he studied the case and has already submitted the final arguments to the Court. There is no date for when the case will be heard. Can a lawyer seek conviction from his own client? 'You deserve a defense', says judge Lawyer seeks conviction of his own client Lawyer asked for conviction of his own client and defendant is considered 'without defense' Reproduction Experts say that a lawyer cannot leave a defendant without defense in criminal proceedings After the repercussion of the case, g1 consulted experts, who explained that a lawyer cannot leave the defendant without defense in criminal proceedings, in accordance with the Law Statute. The professor of criminal procedure at the Federal University of Santa Catarina (UFSC) Matheus Felipe de Castro 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. Professor Camila Damasceno de Andrade, also from UFSC, 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. 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 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