Rio de Janeiro Court Exempts Jairinho's Lawyers from Costs Over Henry Borel Trial Adjournment
The 7th Criminal Chamber of the RJ Court of Justice overturned the fine imposed on Jairinho's defence counsel after they withdrew from the Henry Borel jury trial. The Brazilian Bar Association will continue analysing possible ethical breach.
RJ Court of Justice overturns fine against Jairinho's lawyers in Henry Borel case
The 7th Criminal Chamber of the Court of Justice of Rio de Janeiro reversed, on Tuesday the 22nd, the financial penalty applied to the lawyers of former alderman Jairo Souza Santos Júnior, known as Jairinho, after they withdrew from the Henry Borel jury trial without allowing the trial to proceed, as reported by veja.abril.com.br.
The lawyers' departure forced judge Elizabeth Machado Louro, who was overseeing the session, to adjourn the trial. At that time, she ordered the lawyers to reimburse the judiciary's expenses — including witness travel, meals and escort of the defendants — and classified the conduct as an act contrary to the dignity of justice. The judge also notified the Brazilian Bar Association to investigate a possible ethical and disciplinary breach.
The appellate judges followed the vote of rapporteur Joaquim Domingos de Almeida Neto, who considered the imposition of financial sanctions irregular. "Even if it is understood that the conduct of the petitioners was inappropriate or subject to censure, this does not by itself authorise the conclusion that the lawyers abandoned the case, much less legitimises the imposition of financial responsibility," argued the rapporteur.
The notification to the Brazilian Bar Association for disciplinary evaluation was, however, maintained. In his vote, the rapporteur noted that the annulment of the fine "does not mean recognising the conduct of the petitioners as legitimate, nor does it prevent investigation of any ethical or disciplinary breach, a matter that should be submitted to the competent professional body".
The lawyers who benefited from the decision are Fabiano Lopes, Zanone Junior, Robson Dupim, Tamara Bessa and Davi Pimenta. Criminal lawyer Rodrigo Faucz, who also is part of Jairinho's defence, stated that the judgement recognises that the judiciary does not have the authority to sanction lawyers in the exercise of their function.
The trial, initially scheduled for 23 March, was postponed for two months. At the end of the proceedings, Jairinho was sentenced to 43 years, 9 months and 20 days in prison for the death of his stepson Henry Borel. He denies having assaulted the child.
Source: Google News BR — Crime