January 17, 2024

11:01

Marcela Leiros – From Cenarium Magazine

MANAUS (AM) – The dignified treatment of people deprived of their liberty is based on the Federal Constitution of 1988, as well as international treaties, which give guidelines for the serving of sentences and the re-socialization of individuals penalized by the state. CENARIUM MAGAZINE heard from human rights experts who categorically state that, despite being imprisoned, these individuals have lost their freedom but retain all their other rights.

The debate between extremist ideologies of “human rights for right-wing people” versus the defense of respect for human dignity has come back into focus after the video in which Judge Lana Leitão Martins, of the Roraima Court of Justice (TJRR), offers coffee and a coat to a defendant during a custody hearing, resonated on social networks. The Brazilian Bar Association in Roraima (OAB-RR) awarded a Commendatory Mention to the magistrate “in recognition of her ethical and humanized performance”.

Regarding the criticism of the judge’s humane treatment, the president of the Human Rights Commission of the Brazilian Bar Association – Amazonas Section (OAB-AM), Caupolican Padilha Junior, reinforces the tribute paid by the OAB of Roraima, stating that the attitude of magistrate Lana Leitão Martins should be praised and applauded.

Still according to the jurist, the attitude followed the Federal Constitution and international texts, such as the Universal Declaration of Human Rights and the Pact of San José da Costa Rica, known as the American Convention on Human Rights, highlighting that rights exist and must be recognized.

“What is fundamental is that these texts start from a principle that is a philosophical principle, they are declaratory texts, which means saying the following: they do not say that these rights are being created, they say that these rights exist and are being recognized. These texts are based on the idea of dignity, in other words, they say that every human being, regardless of their condition, has the right to human dignity, to respect for their condition as a human being, to be treated with respect”, she explains.

Human Rights expert Natividade Maia stresses that the internet has opened up a space for quick and harsh pre-judgments, which often encourage violence.

“Nobody knows what happened and already makes a pre-judgment. There are people who are arrested and then acquitted on the grounds of self-defense, a state of necessity or even convicted, but the sentence is one year, two years, three years, or community service. It’s not torture, it’s not humiliation. People are very violent, very aggressive on the internet, they’ve lost a bit of the filter to make a critical analysis and it seems that they are moving a little, or a lot, away from the law”, she concluded.

Tribute

The video of the custody hearing went viral last week. “Are you cold? You have to take his handcuffs off. The hearing can’t take place with the defendant in handcuffs,” says Judge Lana Leitão at the beginning of the recording. “Are you cold? Turn off the air conditioning, please [she says to someone in the room]. Get Mr. Luan some coffee, because I’m not going to hold a hearing with him shivering”.

Afterwards, the magistrate continues to be annoyed by how cold the defendant is. She then looks for some clothes he can wear to keep warm. “I’m going to get you something… don’t you have any clothes over there, like a coat, something like that for Mr. Luan to warm up in?” she says, turning to one of the professionals in the room. A man offered to lend his jacket: “Will you give him your suit?”

With the repercussions, a letter was formalized by the president of the OAB-RR, Ednaldo Gomes Vidal, last Friday, sent to the Minister of Human Rights and Citizenship, Silvio Almeida, and to the president of the TJ-RR, Judge Jésus Nascimento. He points out in the document that, on that occasion, the judge “effectively applied the legal system, observing the rules of health security and guaranteeing the rights of the imprisoned person, with excellence, promptness and dedication, always guided by ethics and institutional commitment”.

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The TJRR stated that, as established by Law No. 13,964, of December 24, 2019, and by Resolution No. 213/2015 of the National Council of Justice (CNJ), “custody hearings are conducted ensuring adequate conditions for the detainee and respecting the principles of human rights”.

Regarding Judge Lana Leitão, the court said that she would not issue any statements on the case in question, as this is a routine procedure in custody hearings.

Edited by Jefferson Ramos
Reviewed by Gustavo