PGR resists the Public Defender’s Office’s proposal for 181 defendants on 1/8 – 09/20/2023 – Panel

The Attorney General’s Office resists accepting a request from the DPU (Union Public Defender’s Office) for a non-criminal prosecution agreement with 181 people arrested for the coup acts of January 8th.

The obstacle is the DPU’s intention to link the agreement to restorative justice, an approach according to which the search for conflict resolution would involve the active participation of the victim and those involved in the crime.

Coordinator of the strategic group to combat anti-democratic acts, Deputy Attorney General of the Republic Carlos Frederico Santos finds it difficult to respond to the DPU’s request. In his assessment, reparative justice is a lengthy process, while the non-criminal prosecution agreement stipulated in an article of the Code of Criminal Procedure “is faster and more pragmatic.”

In the non-criminal prosecution agreement, the parties negotiate clauses to be fulfilled by the accused. In the end, there is the extinction of punishability — that is, the State loses the right to punish the perpetrator of the crime.

The DPU represents 427 prisoners on January 8th. Of these, 181 would be qualified to enter into a non-criminal prosecution agreement.

The Public Defender’s Office argues that the Federal Public Prosecutor’s Office did not individualize the conduct of the prisoners and that the majority cannot be convicted just because they were in the wrong place at the wrong time.

For the coordinator of the PGR strategic group, however, it is not possible to adopt different treatment for some of the accused, mainly because the crimes were committed under the influence of a crowd.

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