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Isadora Fingermann General Coordinator isadora@iddd.br

Isadora Fingermann General Coordinator isadora@iddd.org.br. www.iddd.org.br. @ DireitodeDefesa. / idireitodedefesa. Institute in Defense to the Right to Defense. Legal Aid in São Paulo. São Paulo State Public Defender’s Office: 719 public defenders

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Isadora Fingermann General Coordinator isadora@iddd.br

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  1. Isadora Fingermann General Coordinator isadora@iddd.org.br www.iddd.org.br @DireitodeDefesa /idireitodedefesa Institute in Defense to the Right to Defense

  2. Legal Aid in São Paulo São Paulo State Public Defender’s Office: 719 public defenders (about 250 in the criminal area - only 4 responsible for all of the investigation phase in the City of São Paulo) Brazilian Bar Association - SP: 44,513 lawyers integrate the free legal aid agreement (just in São Paulo) *Census, 2010.

  3. Timeline of the First Stages of Criminal Proceeding in Brazil: FILING OF A REPLY TO THE CHARGES BY THE DEFENSE The defense witnesses are selected without any contact with the defendant! POLICE INTERROGATION: The presence of a lawyer is not mandatory! ARREST IN FLAGRANTE DELICTO POLICE INTERROGATION PRISON PAPERS SENT TO A JUDGE AND A DEFENDER WITHIN 24 HOURS FROM THE ARREST FILING/ACCEPTANCE OF THE INDICTMENT (START OF THE PENAL ACTION) FILING OF A REPLY TO THE CHARGES BY THE DEFENSE HEARING PRISON PAPERS SENT TO A JUDGE AND A DEFENDER WITHIN 24 HOURS FROM THE ARREST: There is no custody hearing! First moment when the public defender should request the temporary release of the defendants HEARING: First contact between the defender and judge with the defendant (+/- 4 months after the arrest)!

  4. IDDD’s Pilot Project: SOS Liberdade (SOS Freedom) – 2011/2012 • 31% on bail. • This data is a concern, given the unequivocal low financial conditions of these defendants to pay the bail arbitrated by the judge. *From the analysis of 344 cases

  5. IDDD’s Pilot Project: PrimeiraDefesa (First Defense) – 2014 35 volunteer lawyers assigned to 5 police stations in the city of São Paulo who have already done 16 x 6 hourshifts There are:

  6. Isadora Fingermann General Coordinator isadora@iddd.org.br www.iddd.org.br @DireitodeDefesa /idireitodedefesa Institute in Defense to the Right to Defense

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