The Senate approved this Thursday (10) the Bill (PL) 4.727/2020), which amends the Criminal Procedure Code (CPP), and extinguishes the fine in cases of abandonment of the process by a lawyer. According to the proposal, the judge must notify the Brazilian Bar Association (OAB) of cases of abandonment of the process by the lawyer, so that the institution can investigate a possible ethical-professional fault.
The text goes on to be analyzed by the Chamber of Deputies.
Today, Article 265 of the CPP prohibits the defender from abandoning the process, if not for compelling reasons, by informing the judge in advance, under penalty of a fine of ten to 100 minimum wages (between R$10,450 and R$104,500). The proposal, authored by the president of the House, Senator Rodrigo Pacheco (PSD-MG), extinguishes the fine.
Pacheco defended the improvement of the text under the argument that “imperative reason” is something subjective and that the judge can – without any respect for the constitutional principles of due process of law, contradictory or ample defense – fine the lawyer responsible for defending the accused. .
“The imposition of a fine penalty for the defender who abandons the process, without due legal process, generates a conviction with presumption of guilt. This denial of the guarantee of due process of law offends Article 5, Items LIV and LV, of the Constitution, and drives arbitrariness. We understand that the wording of Article 265 also offends isonomy, proportionality and reasonableness”, justified the senator in the proposal.
According to the approved text, in cases in which lawyers have abandoned proceedings, the judge, ex officio, must immediately communicate the representation of the OAB of each state. “It will be up to the competent section, through the due administrative process instituted before its ethics and discipline court, to investigate any disciplinary infraction that, by the way, is also already provided for by law”, says the proposal.
electromobility
Another proposal approved this morning by the House establishes the Mixed Parliamentary Front for Electromobility. The Draft Resolution (PRS) 64/2021, by Senator Rodrigo Cunha (PSDB-AL), aims to promote debates and initiatives on public policies and other measures that encourage electromobility in Brazil, such as the use of the electric car. The matter goes to promulgation.
One of the objectives of the parliamentary front, made up of senators and federal deputies, is to promote the debate on the country’s sustainable development, together with technological innovations and the use of renewable energy for the benefit of the whole of society.
