A Operation Marquiswhich involves former prime minister José Sócrates, among other defendants, is already far beyond being just a media trial. For those who have lost track of the chronology, the investigation began in 2013 after a warning from Caixa Geral de Depósitos about monetary transfers to the former governor. José Sócrates was arrested in November 2014, was held in pre-trial detention and then housed until October 2015.
From the first day it became known, this investigation turned into a “media circus” and procedural with countless actions by the Public Ministry and lawyers. Added to this were the interventions of José Sócrates, who has always maintained that he is innocent of the 22 crimes he is accused of – three of corruption, 13 of money laundering and six of tax fraud – while at the same time accusing the Public Ministry of persecution.
After many requests and decisions from higher courts and appeals filed by the parties, the trial began in July last year. That is, 12 years after the investigation began.
The start of the hearings did not calm the entire “circus” around. José Sócrates focuses attention and also helps, even if he swears he has nothing to do with the situation, due to the dragging out of the trial and the bad image that Justice is giving with the constant suspensions due to lawyers’ resignations from representing the former prime minister.
It is true that a lawyer saying that he does not want to defend a person is not illegal, nor rare, but in the case of Sócrates we already have eight lawyers and between each one days pass for appointments, assessments and, then, refusals. Months will be lost in this constant exchange. Which, whether Socrates likes it or not, ends up benefiting the accused by bringing the statute of limitations for crimes closer together.
For ordinary citizens, these situations end up conveying the perception that the law has loopholes that, if taken advantage of, help defendants escape sentences.
In a society like today’s, everything is a matter of image and that of Justice is very poorly treated – the president of lawyers, João Massano, himself recognizes. The Government has also given a signal that there are situations that need to change. Therefore, at the beginning of the year, it approved several measures for Justice, including one that cites fines of up to R$10,000 for the use of “delaying maneuvers”, in addition to the possibility of changing the Criminal Procedure Code.
In the first reactions, magistrates and judges supported the Government’s ideas and lawyers criticized them.
As none of this is in force, perhaps common sense is expected from the parties.
And I would like to know two things: how can a lawyer read and analyze, to prepare a decent defense, in ten days a case that has more than 140 volumes, more than 50 thousand pages? And there should be no respect for the other 21 defendants in the Operation Marquis?
In the absence of answers, let’s wait for the next chapters.
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