Case went to custody hearing on Wednesday (Jan. 10); president of OAB-RR cited the judge’s “ethical and humanized performance”
The OAB (Brazilian Bar Association) in Roraima asked that judge Lana Leitão Martins, of the State Court of Justice, be awarded a commendable mention for the receptive treatment given to a prisoner during a custody hearing on Wednesday (10. Jan.2024).
The video of the session shows the magistrate asking agents to remove the handcuffs from the custodian Luan Gomes, in addition to asking whether the man is cold and whether he would accept a coat and a cup of coffee.
The footage was widely shared on networks with opinions that were divided between criticism of the judge's permissiveness and praise for her conduct. Searched for by Power360the Civil Police and the Military Police of Roraima did not confirm the crime for which the custodian was responsible.
Watch (2min39s):
In a note, the OAB-RR said that the judge acted correctly and deserves the “recognition for their ethical and humanized performance”.
It also says that she also complied with international conventions on human rights and health security protocols and the rights of people imprisoned with “excellence, promptness and dedication, always guided by ethics and institutional commitment”.
The request for granting the honor was forwarded to the Minister of Human Rights, Silvio Almeida, to the president of the Court of Justice of Roraima, judge Jésus Nascimento, and the president of the Association of Magistrates of Roraima, judge Marcelo Oliveira.
Custody hearing
The custody hearing began to be adopted in Brazil in 2015. It consists of a stage where the prisoner presents the case to the judge in the presence of a representative of the Public Ministry and the lawyer or public defender. The hearing analyzes whether the arrest complied with legal aspects and whether there were any irregularities in the process, such as police abuse or torture.
Depending on the assessment, the judge may transform the arrest into a precautionary measure or order the prisoner's release. Implementation is provided for in international human rights pacts and treaties signed by Brazil.
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