Judge who ordered coffee to be served to 'cold' prisoner is honored for 'ethical and humanized action'

The Brazilian Bar Association in Roraima (OAB-RR) paid tribute to judge Lana Leitão Martins, from the Court of Justice of Roraima (TJ-RR) on Friday, 12th. Last Wednesday, 10th, it had repercussions on social media the excerpt from a custody hearing in which the judge questions the defendant Luan Gomes, 20, if he was cold and if he would accept a coffee.

During the session, Lana Leitão noticed that Luan Gomes was uncomfortable with the temperature in the room. “I’m not going to hold a hearing with him shaking,” said the judge. The judge then requested that the air conditioning be turned off and that a coat be provided to cover the defendant.

The recording went viral on X (formerly Twitter) last week after federal deputy Nikolas Ferreira (PL-MG) said he was “in disbelief” with the judge’s conduct. In the publication, the deputy did not inform the crime to which Luan Gomes responds. The Court informed that the content of the custody hearing is confidential.

The Complimentary Mention constitutes a formal compliment, on behalf of the OAB-RR, for the judge's attitude. In the order, the entity's president, Ednaldo Gomes Vidal, says that the tribute is a “recognition of the judge's ethical and humanized performance”. The Mention was forwarded to Silvio Almeida, Minister of Human Rights and Citizenship; to Jesus Nascimento, president of the Court of Justice of the State of Roraima (TJ-RR); and Marcelo Oliveira, president of the Association of Magistrates of Roraima (AMARR).

According to Vidal, the judge “effectively complied with the legal system, observing the rules of health security and guaranteeing the rights of the prisoner, with excellence, promptness and dedication, always based on ethics and institutional commitment”.

In the report, the Court of Justice of Roraima informed that the National Council of Justice (CNJ) establishes that custody hearings must be conducted in “conditions suitable for the person in custody”. “As mentioned in an excerpt from the CNJ resolution, custody hearings must take place in appropriate conditions, respecting the principles of human rights”, says the note sent by the Court last week.

A judge for 20 years, Lana Leitão Martins has extensive experience in the criminal area. She has worked for years at the Jury Court, which judges intentional crimes against life, and has even temporarily taken over criminal courts. She was the one who kept former senator Telmário Mota in prison, suspected of having his ex-wife killed.

What is a custody hearing?

The custody hearing is the first contact a detainee has with the justice system and must take place within 24 hours of arrest. During custody, the fact that led to the individual's arrest is not discussed, nor whether the defendant is guilty or innocent. In this session, procedural issues are evaluated, such as whether the arrest was within the law, whether the detainee will be released or even whether the defendant suffered some type of violence when the police approached.

In addition to alleviating the cold that the defendant felt, Lana Leitão noted that Luan Gomes was handcuffed and pointed out that the session would only continue if the handcuffs were removed. The guidance is in line with the instructions of the CNJ, which recommends the use of the instrument only in cases of risk of escape or danger to the physical integrity of those present.