Brasília - The frailty of public defenders' offices in Brazil, the creation of special court districts, and the transformation of human rights violations into federal crimes were some of the themes discussed today at a meeting between Minister Nilmário Miranda, of the Special Secretariat for Human Rights, and the United Nations Rapporteur on the Judiciary, Leandro Despouy.

The rapporteur, who will be in Brazil until the end of the month to evaluate the country's Judiciary, told the Minister that he was impressed by Brazilians' willingness to resolve problems in this sector. "It is true that we have problems, and the UN rapporteur has witnessed this so far during his visit, but he also saw that we are facing up to these problems and do not hide them. Our agenda is public, and he considered this fact very positive," Miranda reported.

The Minister recognized the country's judicial service problems, which deprive the poor of access to the legal system, as well as judges' lack of interest in visiting prisons and institutions charged with the application of educational measures for minors. "It is a conservative stance. The judges enforce the measures and render the sentences, but they don't visit the places where the measures are being carried out, as they should according to the Law of Criminal Sentences," he observed.

According to Miranda, if the judges visited prisons and institutions for juveniles, human rights violations in Brazil would be cut in half. The Ministry also told the UN Rapporteur that the government is in favor of the creation of special courts, especially in the social area, as a way to guarantee human rights. An example are the special agrarian courts for the resolution of rural disputes.

Miranda also recalled that the frailty of the public defenders' offices restricts Brazilians' right of defense. And he regretted that a state like São Paulo, the largest in the country, doesn't offer this kind of legal service to its citizens and that in states like Rondônia, this service is subordinated to the Secretariat of Public Safety.

Despouy wanted to know Miranda's opinion about the Public Interest Defense Ministry's powers of investigation - a question he has asked all the government officials with whom he has met since he began his analysis of the Brazilian Judiciary. The Minister replied that authority over police investigations is assigned to the police in Brazilian law, but the law does not prohibit the Public Interest Defense Ministry from carrying out its own investigation. Miranda is in favor of establishing norms to regulate the investigative activities of the Public Interest Defense Ministry.

The UN Rapporteur still plans to visit São Paulo, Recife, Porto Alegre, and Belém, before returning to Brasília on October 25, when he will meet with the Presidents of Federal Courts. In April, 2005, he will submit his report to the UN Commission on Human Rights.

Agência Brasil
Reporter: Lana Cristina
Translator: David Silberstein
10/15/2004