Brazil: Arbitrary Arrest of People’s Lawyer Dr. Lenir Correia Coelho
We hereby publish an unofficial translation of a statement from the Instagram account of The Brazilian Association of People’s Lawyers – Gabriel Pimenta (ABRAPO)
The Brazilian Association of People’s Lawyers – Gabriel Pimenta (ABRAPO) publicly denounces the arbitrary and unconstitutional arrest of lawyer Lenir Correia Coelho.
The decision handed down by the 2nd Court of Guarantees of Porto Velho, which justifies the arrest, does not present any criminal conduct, but rather criminalizes the legitimate and essential exercise of law, especially in the defense of peasants and social movements, which the court calls a “criminal organization.”
The document on which the arrest is based describes acts that are inherent and mandatory to the professional role of a lawyer:
• Providing legal advice;
• Monitoring legal proceedings;
• Maintaining contact with clients to inform them about procedural risks.
See excerpt from the decision justifying preventive detention:
“Everything indicates that Lenir uses her legal apparatus to legitimize the actions of the criminal organization. There is also evidence that the lawyer passed on important information to the group, such as police movements and decisions on repossession, all with the intention of obstructing court orders.”
The issue lies on informing clients of the imminence of an order of reintegration of property, that is, alerting of the severe legal risk they can face is being interpreted by the authorities as an illicit activity.
This deliberate criminalization of the lawyer profession, which erases the line between the professional duty and the criminal activity, and stands in direct opposition to article no. 133 of the Federal Constitution, which guarantees the inviolability of the lawyers for their professional acts and manifestations. The detention of Dr. Lenir Correia Coelho constitutes a severe violation of the Democratic Rule of Law. This demonstrates that, in Rondônia, there is no guarantee of due process for the poor peasants, because Dr. Lenir was detained due to practicing her work, for acting inside the prerogative and responsibilities of every lawyer.
ABRAPO demands the immediate revocation of the dentation and the stop of the persecution against the lawyers who fulfill their constitutional duty of defending the rights of the people and social justice.