Lawyer asks for his own client's conviction and defendant is considered 'defenseless' in SC A lawyer from Santa Catarina responsible for the defense of a 36-year-old defendant surprised by agreeing with his own client's conviction during the hearing. The case occurred on May 28, at the 3rd Criminal Court of Florianópolis, and led to a demonstration by the Brazilian Bar Association in Santa Catarina (OAB/SC) (watch above). ✅Click and follow the g1 SC channel on WhatsApp See what is known and what remains to be known about the case: What happened during the hearing? Who is the lawyer cited in the case? What did the judge say when she noticed the conduct? Who is the defendant and what crimes does he face? What was the court's decision after considering the defendant defenseless? Who took over the defense after the first lawyer left? What has already been delivered by the new defense to the process? What did experts say about the case? What did the OAB/SC do after becoming aware of the case? What happened during the hearing? During the hearing held on May 28 at the 3rd Criminal Court of Florianópolis, lawyer Rodrigo Pantaleão agreed with the accusation made by the Public Prosecutor's Office against his own client. Judge Carolina Ranzolin then considered the defendant defenseless. The video of the online session (watch above) showed that Pantaleão remained on his cell phone during prosecutor Raul Rogério Rabello's speech and looked back at the camera when the judge called him to speak out and provide the final arguments in the case. "The defense corroborates the statements made by the prosecutor's office. Nothing more, Your Excellency", he replied. Who is the lawyer cited in the case? The lawyer is Rodrigo Pantaleão. g1 was unable to contact him. Can a lawyer seek conviction from his own client? What did the judge say when she noticed the conduct? Judge Carolina Ranzolin stated that the man needed a lawyer even though he admitted to having committed part of the crime. See the speech below: "I consider you defenseless. You deserve a defense, even if you have admitted part of the illicit matters. So, I give you three days to appoint a new defender. If you do not appoint a new defender, I will appoint a defense defender for you", said Ranzolin. 'You deserve a defense', says judge Who is the defendant and what crimes does he face? 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. According to the complaint, the defendant was arrested at home, in February this year, in Florianópolis, with 30 portions of cocaine and a 200 ml bottle of “loló”, as well as a modified pistol. When approached, he tried to flee. What was the court's decision after considering the defendant defenseless? Upon receiving the lawyer's response, the judge noted that she could not accept the position and that she would have to consider the defendant defenseless. The lawyer, however, reinforced his position, making the judge give a period of three days to present a new defense. Who took over the defense after the first lawyer left? After the deadline, defender Jackson José Seilonski was appointed by the 3rd Criminal Court. What has already been delivered by the new defense to the process? When contacted by g1, the new defender stated that he disagreed with the MP's statement that called for the defendant's conviction and requested the annulment of the evidence, maintaining that there was no just cause for the police officers to enter the defendant's residence. Furthermore, he asked for acquittal for the crime of drug trafficking, arguing that the amount seized would be intended for his own use. What did experts say about the case? g1 sought out legal experts who explained that defenders can even agree with part of the prosecution's thesis about cases, but never act to the detriment of the 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. Lawyer seeks conviction of his own client What did the OAB/SC do after becoming aware of the case? On Monday (8), the Brazilian Bar Association requested the investigation of a possible ethical violation on the part of defender Rodrigo Pantaleão, which was granted by the Court. "If disciplinary infractions are found after due investigation, the competent procedures may be initiated within the scope of the Ethics and Disciplinary Court, which are processed under legal secrecy", said the body (note at the end of the text). 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