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From the Editor

 

Friday, May 24, 2024

 

Updated at 09:06

 

" Judges and prosecutors abuse with the connivance of lawyers. " This is the opinion of professor  Arruda, a criminal lawyer who argued with a judge who was presiding over a custody hearing, because the magistrate did not give the "Miranda warning": a warning to the accused to inform them that they have the right to remain silent.

 

In an interview with, the lawyer, who is a social activist and works in the defense of people who have suffered abuse of authority,  noted that the right to silence is the subject of actions in the Superior Courts, and that the orientation is that even police officers should provide this information in your approaches.  "It's something very important, which we lawyers must demand."

 

Lawyer and judge argue after lack of warning about right to silence

 

Another point criticized by Arruda was the actions of the prosecutor, who, even after the lawyer's warning, did nothing about the lack of warning. "The MP should not remain silent like that prosecutor, who watched and didn't say anything. The MP is an inspector of the law."

 

The episode

 

The criminalist was acting for three defendants in a custody hearing and warned the judge because he had asked questions without the obligatory information about the right to silence.

 

 Arruda stated that, many times, the lawyer is afraid to argue with the judge so as not to harm the client. " Being nice to the judge and putting up with insults will not help your client ." 

 

He also criticized the fact that he disrespected the lawyer's prerogative by requesting to speak, "by order".

 

"But the important thing is that we managed to free our clients. The TJ accepted the HC, and the complaint was not even accepted."

 

link: https://www.migalhas.com.br/quentes/408043/advogado-que-brigou-com-juiz-por-direito-ao-silencio-fala-ao-migalhas