Association enters with claim in CNJ against judge who expelled hearing attorney

The Brazilian Association of Criminal Lawyers (Abracrim) filed a claim with the National Justice Council (CNJ) against judge Carlos Alberto Garcete, who expelled a lawyer from a hearing in Campo Grande.

Abracrim’s allegation stated that he had “disrespectful, humiliating and preconceived conduct” before the lawyers Willer Souza Alvez de Almeida and Pablo Arthur Buarque Gusmão.

The case occurred on May 19. During a session in Campo Grande, the judge Carlos Alberto Garcete asked to remove Willer Almeida from the audience, após or lawyer to offer a flake of water for one of the testimonies.

Immediately after, another lawyer, Pablo Gusmão, ruled in defense of the partner, but he also had to leave the hearing after the determination of the judge.

Later on, Willer Almeida stated that he was ashamed of the situation and also said that the situation is a portrait of veiled racism in Brazil.

“It is necessary to mention that there is no hierarchy between judge, promoter and lawyer. Everyone is on the same footing of equality. Therefore, the lawyer is not subordinate to the judge. And there I cannot say that there is explicit racism, but here is what happens in Brazil, that veiled racism. Why was only the black lawyer, of trance, removed by the police force while the other was not? Why do we disrespect black lawyers so much? ”, he said.

“No Brazil, we have a cultural and deplorable quest to blame that the black is less. So I would not say explicit, but ask the question: why is he retired or a black lawyer with a police force? Because we have a habit of saying that the black is dangerous or something of the type. I am just a lawyer doing my service and demanding respect for my profession”, he completed.

Willer Almeida also states that his partner is not in a position to continue in the client’s defense. “He takes a position, raises the request for order, informs that he is going to activate the prerogatives, and he only had to inform that he was going to activate the prerogatives, or judge ordered him to withdraw the hearing as well, leaving our client unassisted in the session.”

By means of a note, the Association of Magistrates of Mato Grosso do Sul (Amamsul) expressed its support for the decision of state judge Carlos Alberto Garcete.

According to Amamsul, it is “the duty of all and any Judge, to preside over the hearing, to maintain the regularity of two jobs, discipline and decorum during the course of the process, avoiding the practice of acts capable of prejudicing the regular processing of the feit”.

Finally, the association states that “it emphasizes the absolute respect for the prerogatives of advocacy, however, it clarifies that these cannot be used to corroborate wrong positions between professionals, competing with the magistrates, in court, to ensure the discipline of ato procedural”.

Procurado, or CNJ said that, at this time, it did not have any information about the opening of the process. The Court of Justice (TJ) and the Ordem dos Advogados do Brasil (OAB) still did not manifest themselves.