Watch Dog Agency Says It’s Impossible to Send Anyone to Jail in Brazil Today

Brazil's Supreme Court Jorge Hage, the head of Brazil’s equivalent of the GAO (Controladoria-Geral da União – CGU), criticized the Brazilian Supreme Court for the way it has interpreted the principle that an accused person is innocent until proven guilty. According to Hage, the result is that the accused have an unfair advantage.

However, in a gesture of comity, Hage also praised the chief justice, Cezar Peluso, for his support of a constitutional amendment that would reduce the appeal process and shorten the path to jail.

The proposed amendment (PEC n° 15/2011) would allow the immediate execution of sentences after one appeal and permit someone found guilty to remain free only after a ruling by a superior court.

“The understanding of the Supreme Court of legislation on presumed innocence is just too favorable to the accused. It is practically impossible to send anybody to jail under the present rules,” declared Hage.

Supreme Court justice Marco Aurélio Mello said he was perplexed by the comments made by Hage, about how the court, by excessively guaranteeing the principle of presumed innocence, was being “too favorable to the accused.”

Mello said the first reason he was perplexed was because Hage was a former judge. Then, he said, there was the matter of the constitution.

“The constitution is very clear in stating that no one can be considered guilty until a final decision. That is in good Portuguese. Now, if he wants to rewrite the constitution, that is something else,” declared Mello.

The justice went on to say that sensationalistic arrests and imprisonments without legal basis were a disservice and that in the end the Supreme Court would guarantee that a citizen’s constitutional rights were protected.

“They say that the police arrest people and the courts release them. That is not true. The courts arrest and release them,” Mello concluded.

ABr

Tags:

You May Also Like

Brazilian Consumers Have Never Been So Confident

Brazilian consumers’ confidence in the economy and their own personal finances is on the ...

Oil Makes 10% of Brazil’s GDP, But Country Has to Keep Digging

The oil sector in Brazil already accounts for approximately 9% of the Brazilian Gross ...

Boycotted by Brazil’s Mainstream Media Book on Opposition’s Corruption Becomes Instant Bestseller

Amaury Ribeiro Junior’s A Privataria Tucana (Private is a neologism combining Privatization and Piracy. ...

In Havana, Brazilian President Signs Pact to Explore Oil Off Cuba

Brazilian President, Luiz Inácio Lula da Silva, is in Cuba with a busy agenda, ...

Brazil Experts Betting Key Interest Rate Will Fall 0.75% to 15.75%

Brazil’s annualized benchmark interest rate (SELIC), which currently stands at 16.50%, is expected to ...

Brazil to Privatize 3,000 Km of Federal Highways by April

According to Brazil’s presidential Chief of Staff, Dilma Rousseff (chefe da Casa Civil). the ...

Geraldo Alckmin, presidential candidate in Brazil

Brazil’s Election – Alckmin Hands Lula Victory on a Plate

Brazilian President Luiz Inácio Lula da Silva has such a commanding lead in opinion ...

God Is Brazilian, But Oil Rigs in Brazil Are Not Doing Their Job

Just one day after Brazil's President Luiz Inácio Lula da Silva said that "God ...

In Brazil, Lula Thinks He’s Leading. He’s Being Led.

Brazilian President Luiz Inácio Lula da Silva claims that his administration governs for all, ...

In Brazil, the Sarneys Are Synonym with Mismanagement and Corruption

When back in September 2003, the Getúlio Vargas Foundation shocked Brazil by placing Maranhão ...

WordPress database error: [Table './brazzil3_live/wp_wfHits' is marked as crashed and last (automatic?) repair failed]
SHOW FULL COLUMNS FROM `wp_wfHits`