38 Lawyers Detained in Special Cells in São Paulo, Not 'State-Major Rooms,' MP Claims
The São Paulo Public Prosecutor's Office (MP-SP) has reported that 38 lawyers are currently held in special cells within the state's correctional facilities, based on official data from the Secretariat of Penitentiary Administration (SAP) and the Court of Justice of São Paulo (TJ-SP). The MP-SP notes that there is no record of the São Paulo Chapter of the Brazilian Bar Association (OAB-SP) filing habeas corpus petitions to secure 'Sala de Estado-Maior' (State-Major Rooms) for these legal professionals. Such rooms are a legal prerogative for lawyers detained before a final conviction, intended to be separate from common cells with adequate conditions. This finding was included in the MP-SP's argument against influencer and lawyer Deolane Bezerra's request for transfer to a State-Major Room or, alternatively, house arrest. The MP-SP asserts that these State-Major Rooms no longer exist in São Paulo's prison system, and the prerogative is met by housing lawyers in individual cells separate from the general inmate population, with appropriate hygiene. This interpretation is reportedly supported by decisions from the Supreme Federal Court (STF) and the TJ-SP. Bezerra's habeas corpus petition, challenging her detention conditions, is scheduled for judgment on Monday, August 6th. She was preventively arrested on May 21st as part of an investigation into alleged money laundering and ties to a criminal organization. The OAB-SP initially filed a habeas corpus on Bezerra's behalf but later withdrew, becoming an interested third party in her defense's petition. The OAB-SP president stated that the organization defends lawyers' rights while also upholding ethical codes.
The situation highlights a systemic tension between legal prerogatives for legal professionals and the practical realities of prison infrastructure. The MP-SP's stance suggests that established legal interpretations may adapt to the absence of specific facilities, prioritizing adequate separation and hygiene over the literal provision of a 'State-Major Room.' This approach could set a precedent for how similar rights are managed when specialized accommodations are unavailable. The OAB-SP's evolving position, from initial petition to third-party intervention, indicates internal deliberation on upholding professional rights versus legal interpretations of existing facilities. Future considerations may involve the development of standardized, legally compliant alternative accommodations or a re-evaluation of the necessity for distinct 'State-Major Rooms' in the evolving correctional landscape.
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