The death of a man after a lynching reinforces the importance of promoting access to justice and ensuring due process of law, which separates a modern society from pure and simple barbarism. The assessment was made by the president of the Criminal Advocacy Commission of the Brazilian São Paulo Bar Association (OAB-SP), Caio Mendonça Ribeiro Favaretto. The legal process corresponds to the guarantee of the right of defense, to be tried by an impartial judge and to have the right to appeal a decision. “It is precisely during this process that it will be determined whether a particular person has committed a criminal act and, if so, how and what the appropriate punishment should be according to the context,” he explained. The man was beaten after being accused of stealing a motorcycle, as reported by the press. The death was confirmed by the Municipality of Guarujá, on the coast of São Paulo, where the crime took place. A person who was at the scene caught the attacks on video. Hospital Santo Amaro confirmed that the man was admitted on Wednesday (3) unconscious and intubated. Brain death, due to head trauma, occurred on Sunday (7), and the body was taken to the Legal Medical Institute (IML) in Praia Grande. The state Secretariat for Public Security reported that the Civil Police were notified of the man’s death on Sunday. “The nature of the occurrence was changed to homicide and the victim’s brother was heard. Efforts continue to clarify the facts,” the secretariat said in a statement, adding that details will be preserved to ensure the autonomy of police work. According to a note from the São Paulo Public Prosecutor’s Office (MPSP), the Guarujá Public Prosecutor’s Office reported that, to date, the police inquiry into the case has not been distributed to the MPSP. “I believe there is a general perception that justice in Brazil is flawed, where processes end up prescribing, crimes are not properly investigated and so on. In fact, there are a series of technical, procedural and cultural improvements that could improve access to justice in the country, but nothing can justify regrettable and quite common scenes like these where the citizen assumes the ability to investigate, judge and execute the sentence. of an alleged offender”, said Caio Favaretto, from the OAB. For lawyer Caio Favaretto, the issue is to judge better and faster, without producing injustices and without losing the clarity of the singularities of each case. “Promoting better access to justice is a fundamental part of the process of distancing ourselves from barbaric mechanisms such as lynchings, executions, false accusations and other violent forms of injustice.” Asked about the practice of subjecting criminals to violence being absorbed by the police and the Judiciary, he believes that there is a culture of police violence that is very present in Brazil, often endorsed by the courts. For him, the work of the police is fundamental both in ostensive patrolling and in the investigation of criminal practices. “And that work has been greatly undervalued over the last few decades with long hours, shifts, low pay and working conditions.” “However, I also believe that the vertiginous increase in the so-called acts of resistance, that is, situations in which suspects are killed after having, in theory, clashed with police forces, indicates that there is not only a culture of extermination, but also profound technical unpreparedness to deal with an increasingly armed and violent society like the Brazilian one”, added the president of the Commission of Criminal Advocacy of the OAB-SP.
Agência Brasil
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