8/1 defendant’s lawyer refuses PGR agreement: “unreasonable and punitive”

Lawyer Ezequiel Silveira, who defends some prisoners in the acts of vandalism on January 8, sent this Monday (13) a statement of refusal to the non-criminal prosecution agreements – presented by the Attorney General’s Office (PGR).

In the document, in which the People’s Gazette had access, the lawyer says that the PGR’s proposal is “unreasonable, thoughtless, punitive, and, therefore, incompatible with the principles of negotiating justice”.

“The proposed conditions are more serious than any penalty to which the accused could legally be subjected, even in the event of conviction, since the defendant, even without having committed any crime, spent almost two months in prison and continues to be monitored electronic and other precautionary measures until today”, declares the lawyer.

The defense’s statement was in response to an order from deputy attorney Carlos Frederico “insisting on the acceptance of the agreement and the need for confession for its conclusion”.

To sign the agreement, the defendant must confess that he committed the crimes and make a commitment to provide services to the community, in addition to paying a fine – in this case the amount varies from R$5,000 to R$50,000 – and also participate in the ongoing on Democracy.

The defendant will also be prohibited from participating in social networks. The criminal action is suspended until full compliance with the clauses and, in case of termination or non-compliance, the process can be resumed.

According to the lawyer, the need for confession is “unconstitutional”, since “the Federal Constitution guarantees citizens the guarantee of non-self-incrimination, enshrining the right to silence”.

“The counter-proposer has sufficient moral standing (apparently lacking in several institutions of the Brazilian Republic these days) not to submit to accepting the immoral and indecent proposal offered by this PGR, not wishing to confess the facts imputed to her, not reconsidering the statement previous and aiming to prove his innocence in court”, says the lawyer.