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PARECERES
CORRESPONDÊNCIA
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REPORT FROM THE BRAZILIAN GROUP OF THE
INTERNATIONAL ASSOCIATION OF PENAL LAW
(2002 - 2003)
IAPL'S BRAZILIAN GROUP
The Brazilian Group of the International Association of Penal Law is composed of Penal, Process and Penitentiary Law scholars and professionals, all of whom are Professors, Attorneys, Magistrates, Members of the Department of Justice and other criminal sciences professionals originating from several Brazilian states and very professionally and intellectually active.
The Brazilian Group has always occupied an outstanding position within IAPL due to the activities of prominent professors, such as those of former presidents Roberto Lyra and Heleno Cláudio Fragoso. It should suffice to mention that the 1994 XV International Penal Law Congress in Rio de Janeiro, the only one held in the American continent, was the largest in its history and was attended by 1,200 participants.
The importance of the Brazilian Group during the last fifteen years, was in great part due to the dedicated and efficient work developed by Professor João Marcello de Araújo Jr., the Group's General Secretary, IAPL's Assistant General Secretary and the Association's honorary member. The importance of his work was such, that he was the recipient of a wonderful and well deserved tribute paid by Professor Reynald Ottenhof, Professor of the University of Nantes/France, published in IAPL's Newsletter.
IAPL'S OWN HEADQUARTER FACILITIES
IAPL has its own headquarter facilities, in order to carry out its activities and hold its meetings, which is located in the general facilities of the Federal University of Rio de Janeiro (UFRJ) and in the downtown section of the city of Rio de Janeiro.
ACTIVITIES OF THE GROUP
In this year of 2003, IAPL's Brazilian Group institutional site www.aidpbrasil.org.br was conceptually designed and placed on the web, enabling users to access articles written by the Group's members.
In April of 2002, an International Debate was held in Rio de Janeiro on the subject Trafficking Women and Children, which was attended by 109 participants, many of whom foreigners. The Report was prepared by Professor Damásio de Jesus, published by Editora Saraiva (a Publishing Company) in 2003 under nr. ISBN: 8502041789. Professor Ela Wiecko Volkmer de Castilho was in charge of speaking about the legislation and the international movements against the aforementioned type of crime. President Cherif Bassiouni was represented by Professor René Ariel Dotti, who read Professor Bassiouni's opening speech and greeted the participants.
As to the preparatory Debates, the Brazilian Group sent a report and participated, through its Vice- President Prof. Sergio Salomão Shecaira, in the Preparatory Debate on the penal accountability of minors in Vienna, Austria; in the Panel Discussion on Cyber Crimes in Athens, and has already sent a National Report to the Preparatory Debate on the Competition between National and International Jurisdiction and on the Ne Bis In Idem Principle, to be held in Berlin in June of 2003. Group members Carlos Eduardo Japiassú and Luciana Boiteaux, were outstanding in their work during the preparatory debates in Vienna and Athens respectively.
IAPL's Brazilian Group news is available on the website and in the monthly published Brazilian Criminal Sciences Institute's Newsletter (IBCCrim).
IAPL's Brazilian Group has presently 42 members, none of whom are delinquent as to their annuity fees.
Although the challenges to be faced by the Brazilian Group are not few, we are certain that our work shall be rewarded with the results expected.
THE PASSING OF EVANDRO LINS E SILVA
Born in the state of Piauí in 1912 and deceased in Rio de Janeiro in December of 2002, Evandro Lins e Silva was the oldest working attorney in the world and was recognized as the Criminal Lawyer of the Century. Lins e Silva held relevant public positions, among those Attorney General, minister of Foreign Relations, President João Goulart's Chief of Staff and Judge at the Supreme Court of Justice.
Lins' political rights were revoked by an arbitrary act from the military dictatorship in 1969, when he was deprived of the justice's robe he honored under a paradoxical and non declared pretext: he used to apply the Constitution and the law to criminal lawsuits filed against politically and ideologically persecuted subjects, mainly through habeas corpus granted to national personalities, such as the state of Pernambuco's former governor Miguel Arraes
Back to work in criminal law, Evandro Lins e Silva had an impeccable humane and ethical performance as a defense counselor in highly visible popular causes. During his last years, his work in the impeachment of former President Collor (on behalf of OAB) and as a defense attorney for MST's leader José Rainha, a defendant in a homicide lawsuit, was brilliantly performed before the Court of Law.
During his seventy years dedicated to Law and Justice, minister Evandro Lins e Silva managed to keep his convictions and his ideals intact, overcoming the obstacles imposed by the Vargas fascist dictatorship (1937-1945), as a defense attorney for the defendants in the ill-known National Security Court trials and for those victims of the ideological intolerance of the military regime (1964-1985) and as magistrate of the Supreme Court of Justice (1963-1969). His work in the highest judicature of the country was outstanding due to the humane features of the criminal decisions and to the extraordinary civic courage in the lawsuits filed against those who dared to express their opinions and to manifest their thoughts.
THE ELECTION OF A NEW BOARD OF DIRECTORS
After the death of minister Evandro Lins e Silva, a new Board of Directors, highly renovated as compared to the previous ones, was elected at the Assembly held on May 16, 2003. At that time, section for young penal attorneys was created, as a channel to enable them to join our Association.
The purpose of those changes is to make penal related activities available to an even larger group of Law operators, thus bringing to Brazil the studies and the debates on the most recent and current issues and in turn, integrating the Brazilian legal community to the international one even further.
The board of directors of IAPL's Brazilian Group is the following: President: Prof. Dr. René Ariel Dotti; Vice-President: Prof. Dr. Sérgio Salomão Shecaira; General Secretary: Prof. Dr. Nilo Batista; Assistant General Secretary: Prof. Dr. Carlos Eduardo Japiassú; Treasurer: Prof. Ms. Luciana Boiteux; Secretary: Prof. Ms. Fernando Augusto Fernandes; Director of Communication: Prof. Ms. Ana Paula Zomer Sica; Board of Young Penal Attorneys: Prof. Ms. Christiano Fragoso.
The following regional members were appointed during the same Assembly: Ela Wiecko Castilho (Brasília) Marcelo Leonardo (MG), César Roberto Bitencourt (RS) as well as Mr. Alain Cole, who was appointed as Honorary Consul of the Brazilian Group in Paris.
ANTI-TERROR MOVEMENT
The IAPL's Brazilian Group is participating in a national movement, led by Penal, Process and Penitentiary Law professors, by attorneys, magistrates and member of the Department of Justice who oppose the multiplication of criminal laws, the arbitrary extension of penal sentences and the reduction of process guarantees. The Chart of Principles, containing the fundamentals of the aforementioned movement supporting the need for compliance with the constitutional principle of the dignity of the human being, has been divulged throughout Brazil.
EVENTS SCHEDULED FOR 2003/2004
Taking into account the 2004 Congress, several scientific events (conferences, seminars, panel discussions, etc.) are being prepared by IAPL's Brazilian Group for the second semester of 2003 and for the first half of next year.
CAMPAIGN FOR THE SIGNING UP OF NEW MEMBERS
An important initiative, the opening of regional representative offices throughout Brazil, has been adopted by the new Board of Directors. Besides Law professors, the IAPL's Brazilian Group shall count on a large number of attorneys, members of the Department of Justice and magistrates.
(Report prepared for the Paris Meeting of the International Association Penal Law.
June 2003.)
René Ariel Dotti, President of the Brazilian Group.
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