PROCEDIMENTO ESPECIAL LEI DE DROGAS

Summary

In this lecture, criminal law expert Amanda Rodrigues provides a comprehensive review for the Bar exam, focusing on the procedures of criminal cases under Brazilian law. She delves into the specificities of the Drug Law procedure, highlighting its similarities and differences from common procedures. Key points include the importance of preliminary drug testing, the role of defense, witness limits, and the procedural nuances like the rejection of charges without preliminary evidence. The session also clarifies important procedural steps such as defense presentation, evidence handling, and final sentencing under the Drug Law.

Takeaways

• 😀 The lecture is focused on reviewing key points for the OAB exam, specifically on criminal law procedures, with an emphasis on the procedures related to drug laws.
• 😀 The lecturer is Amanda Rodrigues, a criminal lawyer and professor, guiding the audience through different legal procedures, including the special procedure for drug-related crimes.
• 😀 The procedure for drug crimes is similar to the common criminal procedure but with a few key differences, which is why it is being reviewed first.
• 😀 In drug-related crimes, the process begins with the submission of the indictment or complaint but does not immediately involve the acceptance of these documents by the judge. Instead, the defendant is notified to present a defense.
• 😀 After the notification of the defendant, they present a 'defense prévia' (preliminary defense), not a response to the indictment, as seen in regular procedures. This is a crucial distinction, especially for exams.
• 😀 The defense in drug cases may present key arguments, including requesting the rejection of the indictment if the preliminary drug test (constatação preliminar) is absent. This test is vital for proving the materiality of the crime.
• 😀 If the preliminary drug test is missing, the defense can argue for the rejection of the indictment due to the absence of probable cause (justa causa), which is required for a valid legal case.
• 😀 After the defense is presented, the judge can either accept or reject the indictment. If accepted, an 'audience de instrução e julgamento' (trial hearing) is scheduled, where the case proceeds with witness examination and the defendant's interrogation.
• 😀 During the trial, both the prosecution and defense witnesses are heard, and the defendant is also interrogated. However, it's important to note that under current legal interpretations, the defendant's interrogation is the last act of the trial, not the first, as it was previously prescribed in the drug law.
• 😀 Allegations in drug crime trials are usually presented as written memorials (written closing statements), which are based on articles 403 and 404 of the CPP, in addition to article 57 of the drug law.
• 😀 The lecture emphasizes the need to understand the specific legal articles, especially in the context of the drug law procedure, to accurately navigate the legal intricacies, particularly during the OAB exam.

Q & A

What is the main focus of the session described in the transcript?

The main focus of the session is reviewing procedural aspects for the Brazilian OAB exam, specifically related to the Law of Drugs, the Maria da Penha Law, and the Sumaríssimo procedural process.

Why does the speaker choose to start with the Law of Drugs procedure?

The speaker starts with the Law of Drugs procedure because it is very similar to the common procedural processes (both sumário and ordinário), making it easier to identify key differences after discussing the general process.

How does the procedure for crimes under the Law of Drugs differ from the ordinary criminal procedure?

The main difference is that the judge in the Law of Drugs procedure does not immediately receive the complaint or charge. Instead, the defendant is notified to present a defense prior to any acceptance of the charges.

What is the significance of the defense in the Law of Drugs procedure?

The defense in the Law of Drugs procedure is presented as a 'preliminary defense' rather than a 'response to the accusation,' which is a critical distinction for exam purposes.

How many witnesses are allowed in the Law of Drugs procedure compared to the common procedure?

In the Law of Drugs procedure, a defendant can present up to five witnesses, as opposed to eight witnesses allowed in the common criminal procedure.

What is the role of the preliminary constatação (confirmation) of the substance in drug-related cases?

A preliminary constatação, or expert report, is required at the start of a drug-related case to confirm the materiality of the crime. This is crucial for justifying the charges. If absent, the defense can argue for rejection of the charges due to lack of probable cause.

What happens if the preliminary constatação is missing in a drug case?

If the preliminary constatação is missing, the defense may argue for the rejection of the charges due to insufficient evidence of the crime, as this preliminary report is essential to proving the materiality of the crime at the beginning of the process.

What is the significance of the Article 57 in the Law of Drugs during the trial process?

Article 57 of the Law of Drugs outlines the procedure for the trial, specifically the order of questioning. However, the defense and the prosecution must follow the rule in the 2008 reform of the CPP, where the interrogation of the defendant is the final act, not the first one, to ensure the right to a proper defense.

What key procedural step follows the preliminary defense in the Law of Drugs procedure?

After the preliminary defense, the judge may either accept or reject the charges, after which the case proceeds with the scheduling of an instruction and judgment hearing.

What happens in the instruction and judgment hearing for drug-related crimes?

During the hearing, the witnesses from both the prosecution and defense are heard, the defendant is interrogated, and both parties present their closing arguments. The final step involves the judge issuing a sentence.