Ivana Cei talks about new assignments and answers pertinent questions about her position – News of Brazil
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Douglas Lima and Wallace Fonseca
Editor and Writing
In an exclusive interview with the program ‘Togas e Becas’ (Rádio Diário 90.9 FM), Ivana Cei, new member of the National Council of the Public Ministry, CNMP, spoke, among other things, of the attributions and area of activity of his new position. During his speech, he also emphasized some positions on issues of high relevance to public security and resolved doubts regarding the relationship of the Public Prosecutor’s Office with regard to assisting the denounced authorities.
Evidencing the area of activity of his position, he stated: “The National Council of the Brazilian Public Ministry is the highest body of the National Public Ministry; it is he who controls, inspects and investigates any type of abuse by members of the Public Prosecutor’s Office, and, above all, guides and gives the guidelines of the entire National Public Prosecutor’s Office. The National Council organizes and coordinates the Federal Public Ministry, the State Public Ministry, the Military Public Ministry, Labor Public Ministry and the Federal District Public Ministry; all branches of the Brazilian Public Ministry are coordinated by the National Council of the Public Ministry”.
As the first woman from Amapa on the council, she explained her trajectory: “It’s a long history. In 2012, when I was attorney general, the National Council already wanted me to be part of the National Council of the Public Prosecutor’s Office, but at the time I was more focused on internal issues of the Public Ministry and state issues, so I gave up running. Now, as I was the president of the Council of Attorneys General, and with the situation of PEC 05, the one who fought for it not to be established was the Council of Attorneys General, and I was president, which highlighted my name again and gave me the possibility to compete, started there. It’s not easy, it’s a very strict filter”.
Regarding the choice of the attorney general of the republic by the President of the Republic, on the triple list, Ivana he said: “Whether it’s right or not, it’s not right, it’s not mandatory, constitutionally. It is not foreseen that there will be a triple list and that this must be done by the association. If it is not foreseen, the President of the Republic may or may not comply; the choice of President is free, unlike the state, which has constitutionally provided for a triple list, but it is not by association, which is something private. The choice among members of the Public Ministry is made by the state agency. A list of three names is made and given to the governor, who must select one of the three. This is how it is established in the states”.
On the question of the judge of guarantees, which will be discussed in the coming weeks, the judge who decrees preventive detention as well as search and seizure, he would have the same power to instruct the process. Ivana gave his point of view: “No, I believe that if you decide, don’t build it, because you are tainted. The judge cannot do everything, there are no superpowers. The Constitution establishes the balance of forces, we have the Executive, the Legislative and the Judiciary and it has the Public Ministry. You advance in other categories I consider abusive; I believe it cannot be like that, the judge who decides cannot instruct, because when he does, he is not exempt. This is the role of the Public Ministry and the lawyers”.
Opining on the creation of a ‘new’ figure of judge with criminal characteristics by competencies that can be dealt with by means of an extraordinary law, Ivana explained: “This is being discussed within the Public Ministry, because if every national case occurs and you change the Constitution, you have to understand that when it changes it is for everyone. So today the target is ‘x’, but tomorrow it might get you, in very clear terms. The Constitution divided the attributions and we must be aware that in order to change there must be a deep study, and not by a judicial decision or by impetus; we cannot suppress assignments. The Legislature has this attribution, to format the legislation and the country, so the Public Prosecutor’s Office nor the Judiciary cannot do that”.
The relationship between the powers, sometimes called promiscuous, can cause confusion for those who do not understand the subject, in this regard, Ivana clarifies: “The attorney general does not have just a judicial function, there is no such thing. His attribution is political, administrative, institutional and judicial, these are our attributions. I got tired of denouncing several people and I received them very well in my space; the fact that you report it does not mean that the person is guilty; she will still be prosecuted and at the end she may be acquitted, so why not listen to her? It is your obligation to listen to everyone, it is the responsibility of the Public Ministry”.
Ivana Cei she also informed in the interview that she is against the decriminalization of marijuana, even if it is for personal use, as she said, for a very simple reason, “every narcotic potentiates a crime”.
The subject was addressed because on Wednesday, 2nd, the minister of the STF, Alexandre de Moraes, having voted for the decriminalization of marijuana for personal use, resuming the trial of the matter, but which ended up being suspended again.
“The release of narcotics makes other crimes have to be enhanced”, reaffirmed the prosecutor, noting that the matter has been discussed in the Public Ministry with the majority of the institution being against it. She also addressed the issue of the use of personal cameras by police officers on duty.
“I am in favor of the condition that you see who practices the illicit or not. Sometimes, the police officer is even jailed, accused of abuse, when he is innocent. This is for the policeman’s own good. The camera is an instrument for more defense”analyzed the prosecutor, predicting that it is only a matter of time for the measure to be adopted throughout Brazil.
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