Recognition, Redistribution and Popular Participation: Towards an Integrative Judicial Policy

RENAP-CE SOLIDARITY NOTE TO COUNCIL JOHN ALFREDO FOR JUSTICE IN THE CASE OF ITALIAN GAIA

29 July 2015
The National Network of Popular Lawyers and Lawyers in Ceará / RENAP-CE expresses solidarity with the Councilman of Fortaleza-CE João Alfredo. The Alderman is investigated through a police inquiry for acting in defense of fundamental human rights in the case of improper arrest of the pharmaceutical Mirian France.
In January 2015, RENAP-CE, triggered by various social movements in the country, accompanied the arrest of Mirian, articulating the possibility of defense by the Public Defender and contributing to communication with his family, society and other institutions. From the first moment he could see the lack of requirements for the temporary arrest of Mirian France. This action by the police, prosecutors and judiciary in Ceará, besides being mistaken, did nothing to clarify the murder of the Italian Gaia Molinari. The realization of justice requires real efforts to elucidate this crime.
In the same way that Councilman João Alfredo, RENAP-CE, together with several social movements in Brazil and members of the Public Defender's Office, found that the arrest of Mirian França was one more sad episode of the Brazilian state. A country consolidated on the basis of inequality and prejudice has fostered an institutional culture of criminalization of our poor and black youth. This is often the easiest way to criminalize the most vulnerable people or segments. It is preferable, therefore, to be convinced of its correctness, rather than to solve more complex issues or to address the causes of social conflict.
The attempt to criminalize Councilman João Alfredo, for understanding that there were no requirements for the arrest of Mirian France and for denouncing this Brazilian reality, is absurd. Similar practice of dictatorial states, an inquisitorial practice that aims at uncontested or critical, natural and welcome in democracies, for the betterment of institutions and their agents.
RENAP-CE also expresses its strangeness at the news that the Councilman cannot immediately have access to the copy of the inquiry to which his conduct is subject. This would go against the Supreme Court Binding Precedent No. 14 which provides for “ample access to evidence that, already documented in an investigative proceeding by a body with judicial police competence, concerns the exercise of the right of defense”.
It would not be the first irregularity of this case, which parliamentarian suffered. The Councilman, lawyer, also a member of RENAP, at the time of Mirian's arrest, invited by the Public Defender's Office, cannot follow her testimony, which would violate art. 7, VI, b, of Law No. 8.906 / 1994.
In this way, Renap-CE sympathizes with Councilman João Alfredo, who as a member of the Human Rights Commission of the Fortaleza City Council could not omit himself on that occasion (then President to now, Vice-President). He also sympathizes with the family of Gaia Molinari, for the non-elucidation of the crime by the Brazilian state, as with Mirian France for the violations suffered.