black lawyer is beaten and handcuffed after being prevented from using elevator in public agency

Images show the lawyer being surrounded by four bodyguards and driven by the arms in the lobby.
13/06/2018 16h58 - Updated 13/06/2018 16h58
Photo: reproduction

The OAB / SP held on Monday (5) an act of reparation in favor of the lawyer Flavio Cesar Damascus, who was handcuffed and harassed by security agents of Justice of the SP Working while trying to enter the court to attend a meeting with the federal judge responsible for the case of a client.

The episode occurred in the 2nd TRT region in November 2016 and it is documented in 27 minutes of the institution's security camera images, published by Estado.

The images show the lawyer being surrounded by four bodyguards and driven by the arms in the lobby. One of the security guards in the video pointing to the lawyer's face, alongside colleagues, next to the reception of the TRT. The confusion continued on the pavement of the court and ended in 4th DP, where the lawyer was taken after being handcuffed by security guards of the Court. at the police station, Damascus would have been released when presenting the Order of the portfolio.

Damascus had passed by identifying sector and was waiting for the private elevator when approached by security guards. On being told we could not use that elevator, He addressed the public elevator across the hall.

While walking there, It was followed by a watchman who did not believe he was a lawyer. Improperly, it was reported by the man who had to identify. "The treatment was dispensed hostile, graceless and rude ", he said.

Angered by the situation, Damascus reports have said the watchman who would only be identified if he asked politely. He says the guard replied that "would not ask anything with no education" and "did not shut up, would call security ". With the arrival of security, the situation got out of control and tempers calmed down only in DP.

Despite the embarrassment that claims to have been the target, Damascus was not the complainant made the OAB. This came from a witness, the lawyer Luis Carlos Moro, who claims to have accompanied almost every scene without identifying not to influence the facts.

Moro says he was perplexed by what he saw and on time to the Privileges Committee of OAB. Later, He wrote a letter reporting the case to the body and the Association of Labor Lawyers of São Paulo.

second Moro, Damascus came to show their order portfolio to the security at the time it was being driven by force through the lobby, but they did not stop the approach. Instead, They asked why he had not submitted the document before.

For Sectional counselor and president of AATSP, Livy Enescu, there is evidence of racism in the episode. "Witnesses evaluated the behavior of the security guards would not have been the same if the doctor Damascus were white", said during consideration the request for redress. The chairman of the Rights and Privileges Committee, Cid Vieira de Souza Filho, also reported this case.

The case of Damascus should also be used for OAB to contest the CNJ what it considers as "privileges" of Justice. For the lawyer Marcos da Costa, president of the OAB / SP, It does not make sense to have private elevators for judges, Prosecutors and servers. In the view of Costa "nothing justifies" also the existence of its own police Judiciary, that does not fit into any segment provided in the Constitution: a PF, a PM, Civil police, Municipal Guard and the Police Road.

Second or jurist Pedro Serrano, the fact is that a lawyer 60 years, old enough to be the father of security, negro, It was public humiliation victim, violent and absolutely illegal.

"Violence and discourtesy against both lawyers as those with black forensic environments reaches a point of representing absolute intolerance and hatred of institutions against citizens, what, with your taxes, help defray the high costs of these institutions ", he said.

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