This Monday (20), the Brazilian Right Lawyers Movement issued a note of condolence for the death of businessman Cleriston Pereira da Cunha, victim of a sudden illness while sunbathing in Papuda, where he was serving preventive detention ordered by minister Alexandre Moraes , from the STF, for alleged participation in the events of January 8th.
“Cleriston, with no criminal record, was arrested for participating in a demonstration on January 8, 2023. He was hypertensive, diabetic, had vasculitis and myositis, underwent a request for house arrest on May 31 of this year, obtained an opinion favorable opinion from the Attorney General’s Office in September and did not even have the right to assess judicial provision to guarantee the constitutional rights to health treatment and life”, says an excerpt from the note.
Lawyer Bruno Azevedo de Sousa, responsible for the businessman’s defense, had already alerted the Federal Supreme Court (STF) about his client’s serious health conditions. A medical report attached to Cleriston’s request for provisional release indicated a risk of death and urgency for the prisoner’s release.
“He was a father, husband, Brazilian and worker… Today, he leaves two daughters and his wife completely destitute, he was forgotten by those who should take care of his constitutional guarantees, however, criminals with long criminal records are often returned to society in a court hearing. custody and after hours they commit crimes again”, says another excerpt from the note issued by Right Wing Lawyers.
In a statement, the DF Penitentiary Administration Secretariat (Seape/DF) said that Cleriston was rescued by the prison unit’s health team who “performed resuscitation maneuvers as soon as the sudden illness was confirmed until the arrival of the SAMU and Firefighters team. which were immediately acted upon.”
“The loss is sad, but tragic when he is a victim of regrettable circumstances in the prison system in times when the 1988 Constitution was in force. The news of Clériston’s death fills us with indignation and sadness, especially when we see the failure to preserve his fundamental rights by the judicial system that values the principle of maximum effectiveness of judicial protection, which, in this case, was not observed, in a clear state omission […] In light of this tragedy, we urge a critical reflection on the functioning of the prison system and the judiciary, as, in this case, it is clear that Cleriston’s chance of survival was lost. In legal order, the sanction of death is prohibited”, highlights another excerpt from the note.