A strong argument between Judge Alessandra de Cássia Fonseca Tourinho and lawyer Rafael Dellova, which took place on July 2 of this year, went viral on social networks. During a hearing at the Diadema Labor Forum, in Greater São Paulo, the lawyer gave the magistrate an arrest warrant, who replied that he had no “authority” to arrest her.
“Doctor, spare me,” Alessandra declared. “You don’t have the authority to give me a voice of arrest,” he added.
The lawyer declared that he would not “spare her” because he was“giving voice to arrest for abuse of authority”.Rafael accused the judge of having yelled at him and ordered him to leave the courtroom.
Alessandra, on the other hand, denied the accusation and said that the lawyer was disrupting the hearing. “At no time was I disrespectful. The doctor screamed and told me to leave the room,” Rafael defended himself.
The law
According to article 301 of the Penal Code, any citizen can give voice to arrest if he is “found in flagrante delicto”.
The law defines flagrante delicto as the situation in which a person is committing a criminal offense, is pursued soon after by the authority, the offended party or any person, in circumstances that lead to the presumption of being the author of the offense, or is found soon after with instruments, weapons, objects or papers that lead to the presumption of being the author of the offense.
However, judges can only receive a voice of imprisonment by decision of the Court or the Special Body competent for trial.
What happened to the judge?
The judge left the place and went to a side room, calling the police. Rafael insisted that he would have her arrested for “abuse of authority”.
At the end of the video, a security guard entered the room and stood next to the lawyer. The recording was ended, and it was not informed what happened next.
Watch the video below:
Video: ‘Vai me respectr’: Judge receives lawyer’s arrest voice pic.twitter.com/Bw1cV5tcw7
— tucumamidias4 (@tucumamidias4) July 12, 2024
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