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Aula Do Professor Nilo Batista - Estudo De Caso : O Julgamento De Olga Sueli Dantas - Parte I

1:14:05EnglishTranscribed Jul 21, 2026
0:01

Hey, Professor Nilo is acting like Guilherme

0:04

Calmão, starting his class at 9 o'clock sharp

0:07

. Okay, just to remind you that this

0:10

, well, this is actually a course,

0:12

right? The case study course is a

0:15

case study module that will be

0:17

given within the specialization course

0:20

in criminal law, right? A

0:22

postgraduate specialization course that we offer

0:26

at ERERGE, a partnership between UERGE and

0:28

OABRJ. whose coordinator is Professor

0:31

Nilo Batista, the academic coordinator, and

0:34

we are the executive coordinators, myself,

0:36

Rafael Fagundes, and Diogo Flora, right? The

0:38

course is about to enter its fourth

0:40

edition, right? We will have some

0:43

students attending in person today, and

0:45

others online. So, the idea

0:47

is that, in fact, this class doesn't

0:51

fit within our project.

0:55

All good? Well, we're going to have

0:57

a class here today with Professor Nilo Batista. For

1:00

those who don't know him, Professor Nelo

1:01

Batista... yeah, just kidding. Yeah, so he's

1:06

going to, he's going to teach two classes here with

1:08

us. We'll have a break

1:09

around 10:30, right, professor,

1:11

to get some water and coffee. Then we'll return

1:14

to the final stage. It's a

1:17

great pleasure to have you all here. We are

1:19

very happy. This course is part

1:22

of a project started by

1:24

Professor Nilo, actually, a few

1:26

decades ago, which we have resumed, right?

1:28

I, Fagundes, and Diogo Flora recently got back together

1:30

. The idea is to have a

1:33

postgraduate program that integrates, you know,

1:35

mainly young lawyers into

1:37

the legal market, starting from

1:40

practical notions of the

1:43

professional activity. That's the idea behind this

1:45

course, that's the idea behind this subject.

1:47

I'm sure

1:49

you'll have a great pleasure watching this class today.

1:51

Just a reminder that

1:54

I can speak starting at 11:00 AM, right, professor?

1:56

Can I say this? Starting at 11 o'clock, there

1:58

will be—by the way, the book that, you see

2:03

, folks, the lesson you're going to have

2:04

today—has already been turned into a book, has

2:07

n't it? It just so happens that the book was finished

2:10

yesterday, a very thin book was finished

2:12

yesterday. So, at 11 am the

2:14

publisher will be here and anyone who

2:17

wants to buy it will be able to get the Lumenures copy.

2:19

The book will be available here,

2:21

in a completely unprecedented way. I don't think

2:23

even Professor Danilo has seen the finished book yet

2:24

, right? It was finished overnight

2:27

, and they're bringing it here today for

2:28

anyone who wants to buy it, okay? Hey, just don't

2:32

ask Professor Nilo to sign autographs

2:33

because he'll be tired by the end of the day,

2:36

and he'll take photos and sign

2:38

autographs for you at other times, okay? So that's

2:40

it, enjoy the lesson. Professor,

2:43

thank you for your availability

2:45

, your presence, and for the inspiration you

2:47

are to our

2:49

legal profession. It is a great pleasure for us to

2:50

have you here. I'm sure it

2:52

will be a delight.

2:57

Well,

2:57

thank you very much. I'm the one who should thank

3:00

Rafael Borges, Rafael Fagundes, and

3:03

Diogo, who isn't here right now, for

3:06

maintaining and carrying on

3:09

this course, which is so important. It is

3:11

possible to teach criminal advocacy

3:13

alongside criminal law,

3:15

criminal procedure, judicial organization,

3:18

notions of logic and rhetoric, and

3:20

forensic language. It's possible. And this

3:22

course has

3:31

had this ambition ever since it was first conceived, actually a few decades ago, let's not say how many. I

3:34

also thank the school principal for the

3:37

use of the space. I thank the martyrs

3:40

who came here to bring human warmth,

3:43

not to mention the recording of a class, or rather,

3:45

two classes that make up a course, that are

3:48

part of a course. There is a

3:49

subject in the course called

3:51

case studies.

3:52

And this is a case study.

3:56

Case studies are a learning system in

3:58

law, right? In some law schools,

4:01

especially in the

4:04

Commodore regime, the CAS System is a

4:08

very widely applied methodology, right? It's

4:11

always an inductive method, right, where

4:14

you start from a particular and arrive at

4:17

general principles. In our case, ah, you'll see

4:20

the richness of this method, because from this

4:22

judgment we harvested five fruits, or

4:26

rather, five provocations waiting for

4:29

one of you to develop one of

4:31

them.

4:38

The case we're going to study: the

4:41

crime occurred in 1949,

4:43

the last trial was in 1951,

4:46

right?

4:47

The last session of the second jury, since

4:50

the first one had been dismissed by the Court of

4:53

Justice,

4:55

was on November 6, 1951. I just want to

4:58

start by saying who was

5:00

participating. There was a judge there,

5:02

Nestor Perlingeiro, who, incidentally, came from

5:05

a traditional family of magistrates

5:08

in the old province. The

5:10

public prosecutor was

5:11

Renê Destre, but the lawyers for the

5:16

prosecution were simply

5:17

Evando Lins Silva, who, true to the good

5:24

advice of always having

5:27

a colleague from the jury community as a representative in jury trials, followed his advice.

5:30

The crime took place in Duque de Caxias in '49.

5:33

He put a lawyer there, Tenório

5:35

Cavalcante,

5:37

who did some things that you're already

5:39

aware of. And when he was defiantly

5:42

sent to Niterói, it was with the help of

5:45

Cruz, who would later become president of the

5:48

old province's branch.

5:52

In the defense tribune we had Flores da

5:55

Cunha, Getúlio Vargas's interventor in

5:58

Rio Grande do Sul in 1930, a member of the Constituent Assembly in 1946, and a

6:01

congressman at that time. We had

6:04

Getúlio de Moura, a leader of the

6:06

1930 revolution in the Baixada Fluminense region, and also the

6:09

political mentor of Tenório Cavalcante.

6:11

This isn't in the text, but it's the

6:13

historical truth.

6:15

And he's a very skilled lawyer, as we

6:16

shall see. And Romero Neto. Romero Neto,

6:21

who had also been elected deputy in 1950

6:24

. Getúlio de Moura had been a member of the

6:26

Constituent Assembly in 1946

6:28

and was a congressman at that time. In the

6:30

defense tribune, all three were deputies.

6:33

In the prosecution's booth, Evand wasn't a

6:35

congressman yet, but he was going to be everything you

6:37

know he was. Chancellor,

6:40

Supreme Court Justice, Attorney General of the Republic

6:41

for a short period, and Justice of the

6:43

Supreme Federal Court. I say this so

6:47

you understand how

6:49

rhetoric books always link

6:53

forensic eloquence to political eloquence,

6:56

as opposed to sacred eloquence. This

6:58

occupies a different space, but

7:01

political eloquence, and of course, there's that thing about

7:03

representation,

7:05

right, which the lawyer,

7:08

well, has in common with the deputy or

7:10

senator: representation.

7:13

He's standing in front of a door, he's standing in

7:15

front of a counter, but he's not there

7:17

for his own self-interest, he's representing

7:19

someone. And this is a political fact that

7:21

is meticulously studied in political science

7:24

; it's representation, you know, that the

7:26

legal profession shares with politics.

7:29

Okay, so let's give a brief

7:33

overview, a summary of the case, and we

7:36

'll gather five thought-provoking points in due

7:39

course, but this is just so you don't get

7:42

too curious. First, let's study the

7:44

following.

7:46

In 1950, was forensic eloquence

7:49

following the patterns of modernism that

7:53

had been introduced three decades earlier

7:57

in Brazilian literature, or was it

7:59

still subordinate

8:01

to an eloquence of a

8:04

romantic nature? This is the first issue

8:06

we're going to try to unravel.

8:08

The second issue is patriarchalism,

8:14

sexism, and homophobia in the

8:16

People's Court. Or in the penal system, needless

8:18

to say, right? There's nothing more

8:20

homophobic and sexist than the

8:22

police institution, right? There are a lot of people in the

8:25

judicial institution, you understand? The penal system is

8:28

full of patriarchs, macho men, and

8:31

homophobes. No, but let's see in this

8:34

case how it happened, because

8:36

sometimes it happens in a

8:38

subtle way, we don't notice it at the time.

8:42

Thirdly, I'm going to talk about

8:45

moral and social coercion, which was the

8:49

essential theme of the trial, and which led

8:51

to the acquittal.

8:53

And so,

8:55

fourthly, we will examine

9:00

this surprising Supreme Court ruling

9:02

that prohibited lawyers from speaking of

9:04

legitimate defense of honor and that stated that

9:06

honor is not defensible.

9:09

And lastly, we're going to propose a

9:11

comparison between punitive mentalities

9:15

in the mid-20th century, that is, in the

9:18

1940s and 50s.

9:21

And today we're going to take the period from 2005 to the present and

9:24

see if there are any differences. How

9:26

could this study be done,

9:28

because I mostly suggest how to

9:30

conduct these studies rather than actually developing them myself?

9:32

Let's move on to the synthesis of the

9:34

field. Around 1947,

9:38

Olga Sueli Dantas, who was a

9:42

poor young woman, had a

9:44

job in a notary's office; she

9:47

was a clerk in a notary's office in Duque

9:48

de Caxias, right? She met Alcir

9:51

Gonçalves Vieira, who was the son of a very

9:54

wealthy merchant in Cachei named

9:56

Manuel Gonçalves Vieira. They

9:59

met, didn't they? They

10:02

loved each other, they were committed.

10:06

And they loved each other. This order, as I say

10:08

here, cannot be reversed because for

10:10

some reason, which may be

10:12

religious upbringing,

10:17

prejudices, or

10:19

whatever, a certain type of virgin

10:23

was reserved for marriage; she was a

10:26

convinced virgin. And we're talking about

10:28

1949,

10:30

right, where, let's say, the place of women was

10:34

an extremely restricted and

10:37

monitored one in Brazilian society.

10:42

So they started, and after that,

10:48

when there was a very clear promise of

10:51

marriage, after a year for the

10:54

prosecution, two years for the defense, but there was

10:56

a promise of marriage and all that,

10:59

he frequented the house, called

11:01

Olga Sufeli's mother "mother," taught her and so on, and

11:05

well, they loved each other. right? At a certain point

11:08

she becomes pregnant, and

11:11

he proposes that they have an

11:15

abortion. This will be an

11:17

argument

11:19

in the trial, because if Algasson

11:22

had any interest

11:25

in the Vieira family's gold, as will also come

11:27

up a lot in the trial, all she had to do

11:29

, as Romero Neto will say

11:31

explicitly, was not have the

11:33

abortion, and her son would inherit, whether he

11:36

wanted to or not, the old Manuel

11:38

Vieira. That's how Romero Neto puts it

11:40

in court.

11:42

Well, this type of rejection wasn't

11:44

common. It's a great romance. I

11:46

recommend to you, Clájos de Lima

11:50

Barreto, which deals precisely with this.

11:54

However, Claros Anes was 16 years old and Olgas

11:56

Feli was no more than 18 years old. And

11:59

the type of seduction, you know, where

12:02

the reluctant boyfriend would often get

12:04

married to avoid punishment, the

12:07

crime of seduction required a victim

12:08

under 18 years old and, therefore, the case

12:11

was not justifiable.

12:13

Well, Alcir's family starts to

12:17

object, saying, "No, you don't have to marry

12:19

this girl,"

12:21

and so on. And he

12:23

finally capitulates

12:26

at some point, it seems in May of '49,

12:32

after so much accusation, and then,

12:34

more or less a year and a half

12:36

after learning of the beginning of the

12:38

relationship, he catches up and begins to withdraw.

12:42

Well, Algae is going to complain a lot, right, about the

12:45

prejudice she faced, the

12:46

discrimination she was treated with

12:48

by her family. She'll tell

12:50

the newspapers after the crime that whenever I

12:53

say, "I'm thinking clearly," I mean, "

12:58

I have good eyesight, right?" Because I was trying to get my

13:00

glasses here without them. It's

13:04

called cataract surgery.

13:07

She said that she had found her

13:09

fiercest enemy in her mother. She recounts a day when

13:11

she learned that Asi had fallen

13:12

ill, even though he had been ill for some time.

13:15

She was worried because she loved him

13:17

and went to visit him, but she wasn't allowed in; it was

13:20

raining. She stood at the door, she said:

13:23

"I stood at the gate of the

13:25

Vieira mansion and I wasn't received. I wasn't

13:27

received." She was very humiliated. Of course,

13:30

the inevitable unease began to

13:34

happen between the two families, between

13:37

the Vieiras, rich, well-positioned and

13:39

so on, and the Dantas

13:42

Bres over there and so on.

13:45

But nobody knew that this unease

13:48

between the groups, who occasionally

13:50

flirted with each other and so on, had led to a

13:52

meeting, some Vieiras had

14:00

taken money from a Vieira, but

14:01

something has nothing to do with that, but

14:03

internally she

14:05

began to develop an extraordinary hatred

14:08

for the aid, right? Welcome.

14:13

And she bought a

14:17

Water pistol, she practiced shooting. Nobody

14:20

knew that her heart, to use the

14:24

poet's expression, was a pot overflowing with

14:27

bitterness.

14:28

And all this overflows

14:31

when

14:33

Manuel proposes a

14:35

financial arrangement,

14:37

the father of the aid. She really, on

14:42

September 27, 1949, which is the day of the crime, the

14:49

casualty of members of the two families in

14:53

Dom Pedro's house,

14:56

At the train station, during

14:59

this encounter,

15:01

someone growls at the other and so on, and old

15:05

Manuel asks the delegate from Caxias to

15:07

arrange a kind of

15:10

meeting between the groups to see if it would bring

15:13

peace. A judge had already tried

15:14

this before.

15:16

And you know that requests from

15:20

millionaires are quickly fulfilled

15:22

by the police. That same

15:25

afternoon there was already a summons, a

15:28

summons to go to the

15:32

police station. Okay. I'm interrupting

15:34

here to welcome our president. That's

15:38

it.

15:51

Good morning.

15:56

Continuing. I'll continue

15:58

. But I'll give a brief

16:00

recap. We're talking about a

16:01

crime that happened in '49.

16:04

A young woman who was a clerk in a

16:05

notary's office, poor thing, began, but very

16:09

conservative from a moral and religious point of view

16:11

.

16:12

She was very conservative, right? She,

16:17

let's say,

16:18

begins a courtship with a very rich young man,

16:20

Sir Gonçalves Vieira, son of Manuel

16:22

Gonçalves Vieira, a local politician from Caxias

16:25

at that time,

16:26

and they fall in love, and so on, they

16:30

agree on marriage, and so on, and so on. Suddenly

16:32

the family starts to oppose her; she was

16:34

poor,

16:37

and at

16:38

a certain point, in

16:41

May 1949, he also starts to leave her, and she had become

16:45

pregnant, she had

16:49

an abortion based on

16:57

his advice and assistance, right?

17:00

She gets very angry. There's a bad feeling

17:02

between the families, and on

17:04

September 27, 1949, these families

17:06

casually meet members of their families at the

17:10

Dom Pedro train station.

17:14

And there, Manoel

17:17

Vieira, the boss, Asire's father, who was

17:20

preventing their marriage, didn't want

17:22

this marriage,

17:24

asks the delegate to hold a meeting

17:27

to discuss it, and the delegate summons

17:30

them. That's it. And Algeli, who had bought

17:33

a pistol for shooting practice, is

17:36

the last straw for her. She

17:41

receives a summons through the internet, goes

17:43

there. On the same day, the delegate

17:45

organizes things. Of course, when the

17:47

poor arrive, the rich are already in the

17:49

delegate's office waiting there. As

17:52

the indictment says, first the two enter,

17:58

the two brothers enter. She carried the

18:01

pistol in her purse,

18:03

and when her moment arrived, she

18:06

entered, went straight to the assistant, shot the

18:09

assistant, the bullet hit him

18:11

in the legs—another

18:14

mystery for us. But then they

18:16

tried to stop her, but it was an enraged finger on an

18:20

automatic weapon. She fired at the

18:23

assistant's father and brother-in-law, both the

18:26

father's son-in-law, and killed them both with

18:27

fatal shots. So, she was accused of a

18:30

triple homicide,

18:32

one attempted and two completed, in the police

18:35

chief's office. This

18:39

is the case. Now let's see the

18:41

media coverage of the case, which is

18:44

unique

18:46

because

18:48

the extraordinary repercussion cannot

18:50

be explained solely by the

18:53

female authorship of a homicide. At

18:55

the end of 1929,

18:58

Silvia Serafim Tibão,

19:01

who was, let's say, a pioneer in this,

19:04

killed in the newsroom the journalist who

19:07

publicly humiliated her; he was

19:10

Nelson Rodrigues' brother.

19:13

And then many women in that period

19:15

from the 40s to the 50s, Aracia Abelha, Azira Gonelli

19:20

Semanovsk, Elb Mascarinhas de Morais,

19:24

Zumira Galvão Bueno. And I'm only mentioning

19:26

middle-class women because,

19:29

well, the cases of poorer women

19:32

didn't receive as much attention, but

19:33

there were many homicides. Zumira

19:37

Galvão Bueno, by the way, has a

19:39

characteristic that some will know,

19:42

because Evandel Silva narrates it, which is

19:44

very curious. At that time,

19:46

Evandel Silva still lived in that house

19:48

in Alto da Boa Vista

19:50

and received a phone call from Dona Zumira,

19:54

married to Estélio Galvão Bueno, who was

19:55

a great lawyer. She received this

19:59

call, "I need to speak with

20:00

you." She shaved, went to her office,

20:02

and so on. Dona Zumira arrived. "

20:05

I'm here, Dr. Evandro, because Estélio

20:08

said that if I ever needed

20:09

a lawyer, I should look for you." Then

20:12

Evandro asked her,

20:14

"Madam, what can I do?"

20:15

I said, "I killed Estélio." That's how it was

20:19

. Well, a certain woman on

20:22

Ilha do Governador opted for gasoline and

20:24

matches. He didn't use a firearm. Some

20:26

of these women, you know, declared that they had

20:29

suffered from addiction and such.

20:33

And it was often proven, even though

20:36

patriarchal homes are somewhat

20:38

impenetrable, always

20:40

since Roman times.

20:42

But at that time, courts and penalists

20:44

affirmed that marital rape did not exist

20:46

.

20:48

And I say, in an old book of mine

20:50

called "Commented Criminal Decisions,"

20:51

I work and make an implacable,

20:55

relentless critique of a

20:57

1975 Court of Appeals decision, saying: "No, the husband does

21:00

not commit rape against the wife."

21:03

It's an exercise of a right, as

21:06

if the marital debt could be

21:09

acquired by force, settled. The term is

21:12

settled, resolved.

21:14

Settled.

21:14

Settled, okay? Settled by

21:17

force. Well,

21:20

the problem is this: Olga Suel

21:22

wasn't even married,

21:24

nor was she beaten by Auxio.

21:27

So, these ingrained convictions of hers

21:30

about sex, which are viscerally

21:32

conservative,

21:33

were contrary to the desires and

21:35

struggles of... Women who were seeking

21:39

liberation from the age-old

21:41

legal subjugation imposed upon them in the name of the transmission of

21:43

private property through inheritance and

21:45

other similar conveniences

21:48

. The year 1949, the year

21:52

Olga killed, is the year of the launch of *The

21:54

Second Sex*, published in Paris by

21:56

Galima.

21:58

A little over three lustrums later, a little

22:00

before three lustrums, we're in the

22:03

1960s, the pill is freeing women

22:06

from that fatality

22:08

that, let's say, disturbed the exercise of

22:10

sexual freedom,

22:12

right? That removed sexual freedom from the

22:15

model of canonical sexual licitness, which is

22:19

intercourse, intercourse, no, carnal

22:22

conjunction for

22:25

procreation.

22:28

The rest is illicit.

22:31

And well, a little more, 20 years later,

22:33

comes the report that

22:36

makes public a hitherto forbidden

22:38

female sexuality. It was something that

22:41

had to stay, the curtain here.

22:42

Female sexuality over there.

22:45

Unlike the women who were

22:47

killing abusive husbands. Sueli

22:50

killed because her husband gave up on the

22:52

conjugal investiture. How to understand The

22:55

sympathy

22:57

she aroused? Right? Was there an

22:58

influence from the disparity in

23:00

social class? Or was it admiration for the fearless,

23:03

deceived vestal virgin who redeems her

23:06

own honor through blood? Or the opposition to the powerful father-in-law

23:09

, right? It transformed things there. So it

23:13

was a Romeo and Juliet situation, right? Manuel

23:16

Monteéquio was preventing the love affairs, right?

23:20

Alcir Romeu, anyway,

23:23

take a look at the newspapers and you

23:26

'll be amazed, right? They reported

23:29

the crime, the trial, and the

23:30

Niterói court session,

23:32

recalling the indignation caused in her

23:35

by Manuel

23:38

Gonçalves Vieira's proposal to compensate her with a kind

23:40

of life he imposed on his son. I

23:42

forgot to mention that our sources

23:44

are the rebuttal and the rejoinder. We don't

23:47

have the original accusation and defense statements.

23:53

Carlos de Araújo Lima, right, who did

23:55

a great service by transcribing

23:59

several of the jury's arguments into two books,

24:01

two volumes that you should have, which

24:03

are a lesson in advocacy, those

24:05

trials.

24:07

He explained that it was a commercial radio station... But

24:11

I checked the fidelity of

24:14

Romero Neto's text in Romero Neto's book.

24:16

So, and since these are extensive rebuttals and counter-rebuttals,

24:20

and since they distill the material

24:23

that was addressed in the accusation and the defense,

24:26

I think we have good indicators.

24:29

Let's go. One newspaper page carried a

24:32

statement about something. They wanted to erase the

24:34

stain with money. On another page it

24:37

returned. Indecent proposal. Another

24:40

newspaper on the front page had the

24:41

headline: They wanted to buy my honor with

24:44

money. And in the caption above

24:46

her photo, the young Olga, in a moment of

24:50

hallucination, tried to kill the young man who

24:53

repudiated her after dishonoring her.

24:58

Only the photo of Alcir, the pivot of the tragedy.

25:02

A third newspaper published a page with

25:04

the headline: Human dignity is not a

25:06

commodity that is put up for sale. A

25:08

statement she gave saying, they are not

25:10

like those commodities that made

25:13

Manuel a millionaire.

25:16

In an interview, she stressed her revulsion

25:17

at having sought to repair

25:19

my misfortune with money, as if

25:21

human dignity were a commodity. One of those

25:23

commodities that They made Manuel Gonçalves

25:25

see a millionaire. At the same time, she

25:29

made a point of repeatedly emphasizing

25:31

that she wasn't sorry.

25:34

It's guilt when she meets ACI two months

25:36

later, who must have said to

25:38

her, like, "Did you see what you did?" She

25:41

retorted, "It was nothing, it was published

25:44

in the newspaper. A

25:45

peaceful preventive detention, right? For the

25:47

rest of his life."

25:52

But the newspapers begin to exploit the abysmal

25:54

inequality between the young clerk

25:58

and the millionaire's son, the cold, indifferent young man

26:00

whose father didn't approve of their

26:03

union. Beyond being a millionaire,

26:06

Manuel Gonçalves Vieira was called a

26:08

capitalist.

26:10

In what Brazilian newspaper today does a

26:13

reporter, an editor, write the essential

26:16

capitalist

26:18

instead of the laudatory entrepreneur? Where do

26:20

you find that kind of journalist

26:22

today?

26:23

It's true.

26:25

A newspaper promised its readers to open

26:27

a space to talk about

26:29

Manuel Gonçalves Vieira's immense fortune.

26:33

The millionaire, who declared he was against

26:35

his son's meeting with the clerk,

26:36

was moved to the center of the plot.

26:40

In the hearing to hear witnesses,

26:42

Olga Felix gave ample support. Under the title

26:45

Popular delirium, one newspaper wrote: "The

26:48

audience, silent during the session, once

26:51

this one ended, gave vent to its

26:52

contentment."

26:54

Olga Sueli, greeted with a standing ovation, descended the

26:57

courthouse stairs, followed by the public,

27:00

and went out into the street to await the arrival of the

27:02

accused. Everyone wanted to see and

27:04

congratulate Holgas.

27:06

This is a newspaper.

27:09

The same newspaper, a fortnight later,

27:10

reported: "Holgers has become the object of

27:13

admiration for all who see her, a

27:14

true heroine who, in defense of her

27:17

honor, etc."

27:18

Reporting on the letters of support she

27:20

received in prison from friends, colleagues, and

27:23

unknown women, another newspaper

27:25

observed: "This feeling of sympathy

27:28

from women surrounding Olga Sueli's drama is

27:29

growing. The

27:32

women's section of a political party

27:34

sent her a letter pledging its

27:36

full support.

27:38

This sympathy reverberated in the news

27:41

about the evidence gathered. Excuse me,

27:45

may I take off my jacket? Starting,

27:49

starting a sauna in the morning. No,

27:51

thank you, dear. Thank you.

27:55

Look at that.

27:59

Of course, because some testimonies

28:02

sought, the testimonies that Tenório

28:04

Cavalcante arranged,

28:06

sought to discredit the defendant in what

28:09

was then called sexual honesty and

28:11

which was only expelled from the Brazilian election

28:12

at the beginning of the 20th century.

28:16

Romero Neto will attribute to Tenório

28:18

Cavalcante

28:20

the listing of these witnesses about

28:21

whom I will speak when we work on

28:24

patriarchalism, machismo, and homophobia,

28:27

right?

28:30

Witnesses, including a

28:32

prostitute from Caxias, who said that Olga

28:33

Sueli was a colleague, without any data,

28:35

nobody believed her and so on, but even then..." Nothing

28:38

surprising, because

28:40

unscrupulous lawyers, unfortunately, exist,

28:42

as in other professions, there are many

28:44

unscrupulous people,

28:46

right? And fabricated witnesses are a

28:50

constant, right, in criminal courts.

28:53

The surprise comes from the courage with which

28:55

several newspapers accused the

28:58

artificiality of that evidence. One of them,

29:01

reporting on the hearing, stated that the

29:03

testimonies gave the impression of having

29:05

been deliberately prepared by

29:07

Algas Sueli's accusers. Another

29:10

bluntly stated the existence of

29:13

fabricated testimonies.

29:16

Where are they? Where are these

29:18

journalists who refuse to analyze what they

29:21

receive from the police or the

29:23

Public Prosecutor's Office and intend to exercise a

29:26

critical judgment on the accusatory evidence? That

29:28

is the great problem of

29:30

police news, which, since that

29:33

Ramírez incident in criminological thought,

29:35

the problem is that

29:39

television

29:40

doesn't do any critical examination.

29:42

Where are these journalists here?

29:45

Where did they hide so well?

29:49

Coverage of the trial session in

29:50

Niterói, which was announced as a

29:52

great spectacle. Finally, today the

29:54

trial will take place in the Jury Court.

29:56

Algaseli, author of one of the most

29:59

moving tragedies ever

30:01

recorded, like Shakespeare.

30:04

She is not the author of a crime,

30:06

the other also the author of one of the most

30:08

notorious tragedies, the other newspaper.

30:12

There was a suspicious exception in the

30:14

evening newspaper that had been supporting her and which, before the

30:18

trial, attacked the criminal who, in her

30:21

favor, invented a case of honor as the

30:23

motive for the crime, which is not true,

30:26

according to the evidence in the

30:28

records.

30:29

Well, it

30:32

fuels suspicion, especially since the

30:34

money that buys witnesses

30:35

also buys editorials, and sometimes

30:38

cheaper.

30:42

A photo of the audience that attended the

30:43

trial, published in the following week's magazine,

30:45

had the following

30:47

caption: "The audience was largely

30:50

female and, according to the investigations

30:52

we conducted for the magazine, most were rooting for

30:55

Olga."

30:57

The day after the trial, a newspaper

30:58

opened a page with the following headlines:

31:00

Delirium at the Niterói courthouse. There had

31:02

been a challenge, right? Acclaimed in

31:06

prison. Yes. After the acquittal,

31:08

Delegate Amil Richard fought with

31:10

tremendous force against

31:13

the detention center, prevented by great force. A

31:15

crowd deliberately cheered

31:17

the passionate criminal from Caxias. And upon

31:20

arriving at the prison, she entered to

31:22

enthusiastic cheers from the other inmates

31:25

who had followed the trial on the

31:26

radio. In the retelling of the crime in the

31:29

following week's magazine, this support

31:31

manifested itself in the presence of the one who

31:34

had stolen her honor and stubbornly refused to reclaim it

31:36

. Hugo happily drew his

31:39

revolver, etc.

31:41

How could the

31:43

verdict of the People's Court have been different? So

31:45

let's start now, let's work on

31:49

the late modernism of

31:50

forensic eloquence. The drunkard

31:59

next to the president, I know I won't

32:00

lack water here at the moment. I

32:03

'm sure of it,

32:07

folks. In a luminous text, a great

32:11

French historian, Jorge de B,

32:14

examining,

32:16

this one here I would be incapable, excuse me, the

32:20

man of the minority

32:22

doesn't accept

32:24

even more from the president of the council,

32:25

but you won't accept a

32:29

water, professor I

32:32

can't, I have to leave it to the

32:34

woman, aa more than the woman is the

32:35

president of the sectional council.

32:39

Well, in this text they analyzed the

32:42

documents From the 10th century, when

32:46

feudalism was being implemented in Europe.

32:49

And he observed that notarial documents

32:55

struggled

32:57

against the new form, because they were

32:59

new legal phenomena, right, the

33:01

establishment of feudalism. And that

33:04

notarial writing had difficulty

33:06

adapting. His phrase is brilliant.

33:08

When I read it, he says that those

33:11

structural economic transformations

33:13

were too recent, too

33:16

current to immediately impact the

33:19

ritual terms of legal writing, the

33:22

most rigid of all, the slowest to

33:25

lend itself to the expression of novelty.

33:28

Yes, yes. That's true. The form, even

33:33

before the written form, the

33:35

symbolic form, right? For example, the announcement

33:39

of a new work, right? Something that fascinated

33:42

Michelê when he came across it. The

33:44

person in the new works, he had to

33:48

throw a stone at the wall that was being

33:51

built on his land. He had to throw

33:52

that stone. If he didn't throw that

33:53

stone, a formality was lacking. He did

33:56

n't have an action, an announcement of a new work.

34:00

In Germanic law as well. The

34:03

raped woman had to go screaming through

34:06

three houses. That was a condition of

34:08

admissibility in today's terms. That's how it

34:11

got to the ordinances, Mr. President. In

34:13

the ordinances, the raped woman had to

34:16

go through three houses saying: "See what he

34:18

did to me, foan, which is the archaic form of so-and-so

34:21

." See what so-and-so did to me.

34:25

This is a possibility. And when this

34:28

enters the written record, there is also a

34:29

decision, there is a ruling from the House of

34:32

Appeals,

34:34

whose rulings have almost the force of law, eh,

34:37

that from 1692, at the end of the 17th century, which

34:41

had a formula when it granted bail

34:45

for damages, losses arising

34:48

from a lawsuit,

34:50

from a lost lawsuit, a, let's say,

34:56

financial reinforcement. Regarding the oath of slander, right?

35:00

In the order, he had to

35:03

state that he guaranteed loss and damage,

35:07

amendment, satisfaction, and costs.

35:11

Well, they would cancel the contract when the guarantor didn't say

35:14

the five words. Until 1692, a scene from the

35:17

house of supplication stated: "It is enough for the

35:18

guarantor to say that he will vouch for everything." It's a matter

35:22

of legal form, right? It's a locking shape, right?

35:27

And it froze too, right? To this day,

35:32

all scripture begins in the year of

35:34

grace of the birth of our Lord

35:36

Jesus Christ. Who still uses the

35:38

Julian calendar today? Who counts

35:40

the years from Caesar today? Do you know of any from the

35:44

19th century? Did they meet anyone in the 16th century

35:46

? There

35:48

is absolutely no doubt about that. But

35:50

we continue. It's as you say, the slowest one

35:54

to lend itself to the expression of novelty,

35:56

right? So it continues, right, na na

36:00

eh, like that's what they want. And civil law scholars

36:03

even have an aphorism, according to which the

36:06

essence of things comes from the form of the

36:09

thing.

36:11

So

36:13

this is a matter

36:16

that

36:17

is good to keep in the official record,

36:21

the writing continues what B did, he

36:23

could talk about today as well.

36:26

Because what clerk,

36:27

when drafting a will or

36:29

deed, wouldn't use the formula he learned

36:31

from his mentor at the notary's office,

36:34

you understand? It will compromise the

36:37

subject's will due to a formal defect.

36:39

So she keeps repeating that old saying. But what about

36:42

forensic oratory? Could it be that

36:45

legal oratory also

36:47

has this problem? Yes, it does. Does the

36:50

style of the forensic speaker maintain

36:52

compatibility with current literary style,

36:54

or does it also have roots in the

36:56

past?

36:58

So let's see. Some years after

37:00

Algelit's trial, Heleno Fragoso

37:04

wrote, drawing attention to the following:

37:06

"The Jury Court constitutes the last

37:08

bastion of a certain type of

37:10

forensic oratory that makes a sentimental appeal,

37:13

often with

37:15

exceptional skill.

37:17

When Heleno Fragoso mentions the

37:20

sentimental appeal, he is doing so unintentionally,

37:23

because he was, let's say, not a

37:25

specialist in literature, but he is

37:26

placing this within the pattern, the

37:30

romantic canon, because the great authors of

37:33

literature, there is no doubt about

37:35

this, for José Veríssimo, among the

37:37

distinctive traits of Romanticism would be

37:39

an idealistic sentimentality. Oto

37:42

Maria Carpô points out

37:45

sentimental elements in Romanticism.

37:47

And when Mário da Silva Brito discusses

37:49

Parnassianism, which succeeded

37:54

Romanticism especially in the field of poetry, he says that Parnassianism

37:58

had the function of giving discipline, balance, and harmony to literature

38:00

compromised by the sentimentalism of

38:03

the Romantics

38:05

. So this characteristic of

38:07

Romanticism, the intense recourse to

38:10

feelings, right, where

38:13

individualism reverberates, which is another mark." From

38:15

Romanticism, right, that's what interests us here

38:18

in the 1930s, the 1920s, we even know about it

38:21

before, right, because Bandeira's poem "Sapos" (Frogs)

38:24

is from 1918 and it even has the frog

38:27

that is the Parnassian frog, with only

38:30

rich rhymes and so on, but anyway, in the

38:33

1920s Modernism definitively arrived

38:35

in Brazilian literature, but

38:39

forensic eloquence is not

38:43

relevant here.

38:46

See, but perhaps it's not

38:50

wrong to say that Modernism is

38:54

such a broad name, a broad category that

38:58

can be better defined not by the new

39:01

goods shipped, but by the cargo

39:04

that was thrown overboard, among them the

39:07

sobbing sentimentalism of the

39:08

Romantics, right? A little bit like that. So,

39:14

let's go. In his most referenced work,

39:16

Antônio Cândido, the great Antônio Cândido, a

39:20

work, incidentally, that was written and

39:22

completed in the year of the trial, in 1951,

39:25

he mentions the pathetic and the

39:27

mawkish, which mark a large part of the

39:29

Romantic convention,

39:31

and deals directly with...

39:33

Romantic eloquence, pompous, imaginative, and drunk with

39:37

sonority.

39:39

In this book, he stated that even

39:42

today, he's writing in '51, even

39:44

today conventional and celebratory discourse has a romantic character

39:47

.

39:50

This prolongation of Romanticism, already

39:52

perceived by Veríssimo,

39:55

would not be an innocence, a belated resurgence

39:58

of Baroque marks that Carlos Nejer,

40:01

also in his history of

40:03

Brazilian literature, attributes to the bachelor's degree in

40:05

law with the famous lawyers and the

40:08

legal scholars who thus made their name.

40:10

This continued until the fall of Getúlio

40:12

Vargas, in '54. So, authors

40:16

of literature also

40:21

affirm in no uncertain terms that

40:25

Romanticism continued while

40:28

Modernism was established in literature,

40:30

forensic eloquence remained

40:32

romantic.

40:36

And he says, while Vieira, I even

40:38

write here, while Vieira was

40:39

satirized in the Anthropophagic Manifesto

40:42

of '22, many forensic orations proclaimed, I will

40:45

not ask, but

40:47

protest and argue, because this

40:49

is the The license and freedom that one has who

40:51

asks for no favor but justice, from the sermon

40:55

for the good success of Portugal's arms

40:58

against Holland. But

40:59

Vieira was being mocked

41:01

by the modernists, and we here

41:03

continued.

41:08

But there is also the

41:09

romantic backbone, and to this baroque rib we must

41:13

also add a

41:16

floating rib that arises when a

41:21

new knowledge emerges from the case, which

41:24

is medico-legal knowledge.

41:27

Then the forensic discourse can take on

41:30

naturalistic, scientistic tones

41:33

when the subject delves into

41:36

forensic medicine. Well, two decades after the

41:39

trial, Evand Silva and Romero Neto

41:42

met again

41:44

in Efige, at the inauguration of

41:46

Romero Neto's bust in the Hall of

41:49

Lost Steps. In the speech that Evand Silva

41:52

gives, what does he say

41:55

about Romero Neto? As an orator, he still

41:58

retained the ardor and a little of the

42:00

mise-en-scène of our ancestors.

42:03

Romero Neto represented a phase in the

42:06

transition between the flamboyant

42:09

and pompous eloquence of an Alberto de Carvalho and the

42:12

simple and direct oratory. In our

42:14

time, any

42:16

unenthusiastic graduate student wishing to

42:18

verify this hypothesis will have to

42:20

open three books, all written in the

42:24

third quarter of the 19th century:

42:33

Jungueira Freire's *Elements of National Rhetoric*,

42:36

Canon Fernandes Pinheiro's *Rhetoric and Poetry Handouts*, and

42:40

Costa Honorado's *Synopsis of Eloquence and Poetics*.

42:42

Although they don't evoke the classics—

42:46

Cicero, Aristotle,

42:49

Quintilian—they work with modern thinkers

42:51

and write at the height of

42:53

Romanticism. Therefore, they criticize

42:57

these excesses, but also the Romantic canon.

43:00

It is through these manuals that

43:03

we can critique this

43:05

discourse.

43:07

They still work with the discourse within that

43:09

division that comes from antiquity, which

43:11

you know:

43:13

the proem, the exordium, which has those

43:17

classic purposes of attracting attention,

43:19

of captivating,

43:22

then the narration, also called the

43:26

proposition, which is when the case is presented

43:28

. Then the proof, which can be

43:32

called... Confirmation when she is

43:35

attesting to the narration or refutation when

43:37

she is denying the narration. And

43:40

finally, the peroration. They work

43:42

with this structure which, even today, I

43:44

think is the structure worked on there in

43:48

the concern.

43:50

There's something curious. One of them,

43:54

Freire, says the following in

43:57

his book, on page 19 of the elements of

43:59

rhetoric: contemporary orators in

44:02

our tribune excessively reject the

44:05

use of exordia. They are convinced

44:08

that only in this way will they be considered

44:10

romantic.

44:11

Through this, we learn that the

44:13

romantic orator did not like exordia very much

44:15

. And our orators

44:18

here too, although they are working with the

44:21

exordium of the reply and the rejoinder, which

44:24

would certainly be greater, but they really

44:28

don't have practically any exodium, which is a

44:31

trait of romantic oratory.

44:34

The concern with

44:36

mawkish sentimentality is quickly noted

44:39

by Canon Fernandes Pinheiro, quite the

44:41

opposite of the poet Fernando Pessoa;

44:42

the orator should never feign a motion he does

44:44

not possess. Here I'm playing with

44:46

that poetics of Fernando Pessoa. The

44:48

poet is a A pretender. He pretends so

44:50

completely that he even feigns the

44:52

pain, the pain that Vera feels. On the

44:54

contrary, the lawyer, unlike

44:57

the poet Fernando Pessoa, the canon,

44:59

should never pretend. But it is curious

45:02

because, according to him, the coldness of the speaker

45:04

will reveal little conviction in what he says.

45:07

And despite the requirement of authenticity

45:09

in emotion, for him the objective of the

45:11

narration would be to awaken emotion in the

45:14

soul of the listener,

45:15

which ends up producing true

45:18

or false emotion.

45:19

But he says that before the

45:21

toned collegial body, the speaker should not resort to the

45:23

pathetic and the commonplace, a rule that

45:26

loosens before the Jury Court.

45:30

They speak of verbosity and confusion, of

45:31

dramatic means

45:35

taught by Fernandes Pinheiro, in the

45:38

sense that the forensic speaker must

45:40

perfectly know the

45:43

famous cases of all countries, was followed

45:46

to the letter by Romero Neto, in the case we are

45:48

studying, who in his rejoinder mentioned

45:51

four famous cases, two French,

45:54

Madame Caioló and Madame Palmier, one

45:56

Brazilian, Silvia Serafim,

45:59

and one Italian, Ginonzarri.

46:01

How many mentions would we find in the

46:03

initial defense, of which we do not have a

46:06

transcript?

46:08

Also for Costa Honorato, the

46:10

forensic orator cannot give in to the

46:11

fervor of passions, nor to flights

46:14

of fancy, avoiding

46:16

useless verbosity, a style full of strange

46:19

affectation resulting from the exaggerated use

46:22

of rhetorical tropes, particularly

46:24

metaphor.

46:25

A divergence between Fernandes Pinheiro

46:27

and Costa Honorato arises regarding

46:30

humor; while the former admits the

46:33

use of witticisms and epigrams,

46:37

especially in young orators, the

46:39

latter recommends

46:43

the argument that the lawyer's job

46:46

is to convince judges, not to make

46:49

listeners laugh.

46:50

However, there is unanimity on the high

46:52

temperatures

46:54

of the peroration. At this moment, the orator

46:57

must fully embrace the pathetic,

47:00

making use of the most ardent expressions,

47:03

the most imposing affections, the

47:05

most despotic passions.

47:08

It is the ending that moves the spectator. And

47:10

the orator follows the cunning of the musician. The

47:13

last notes decide the success of the whole thing. The

47:16

piece.

47:20

The speeches of our colleagues in 1951

47:23

and observing these traits in them. Well, the

47:26

prosecutor Ren Desta's rebuttal was sober,

47:28

lasting 5 minutes, but he did

47:32

n't lack an

47:35

enchanting ease in speaking about the

47:37

defense.

47:39

Well, Evandlin Lins de Silva was

47:40

undoubtedly one of the lawyers who promoted the

47:42

modernization of oratory before the jury,

47:45

and the signs of this are in his rebuttal.

47:48

The guiding thread of his speech sought to

47:49

demonstrate that it was not a

47:51

crime of passion but a cold

47:53

revenge planned by the Dantas family.

47:56

But he uses the expression "Strangers on a Train," the

48:00

title of a film from the same year by

48:02

Hitchcock, the still-English film by

48:04

Hitchcock. And when he talks about

48:07

family feuds, do you think he brings up the Horatii

48:09

Coriacius? No. He takes a 1949 book

48:12

by a senior man named Costa Pinto, "

48:14

Family Feuds in Brazil." I even picked up the

48:16

book to see. It's only from the

48:18

colonial period, but it's from Brazil.

48:21

It's only from Brazil.

48:23

So, of course, it's the contemporary

48:25

claiming some space in the courtroom. In a

48:27

jury where only historical accounts had the

48:30

legitimacy to enter the romantic perspective,

48:34

as a proponent of what he professed

48:36

in his rebuttal, he asks for

48:40

a conviction, reminding the jury that the

48:42

accused had a brother who

48:44

was also accused. They need re-education.

48:46

Re-education that they will achieve through

48:48

punishment.

48:50

Evandro Silva's intellectualism

48:54

would make him an abolitionist

48:56

of prison, right? He repeatedly

48:59

proclaimed and recognized the process

49:02

of intellectual decline that prison

49:04

produces in its inhabitants. And he fought

49:10

for this in his maturation. Of course,

49:13

this is a young Evandro, perhaps he

49:16

was still reading too much,

49:19

and he was, because he cites where

49:21

he cites, but he will mature. And

49:25

furthermore, let's recognize, a

49:27

lawyer is a representative of a party

49:30

to whom he owes loyalty. So it was the

49:33

late Manuel Vieira who believed in

49:34

education through prison, not his

49:36

lawyer, but he was speaking for those he

49:38

represented.

49:40

He rarely resorts to tropes. He is

49:41

rhetorical and, when searching, doesn't

49:44

shy away from colloquial words instead

49:47

of employing erudite terms. When he

49:50

criticizes the defense, the simultaneous handling of

49:53

three defensive theses—legitimate

49:56

defense of honor, moral coercion,

49:57

resistance, social coercion, and the culpable nature of

50:00

the two consummated homicides—

50:03

he mentions a salad of

50:05

criminal law delicacies being

50:07

served to the jurors. Who knows if,

50:09

with so many such tricks, it won't be possible

50:12

to find a solution?

50:14

Nothing insincere, nothing fancy, nothing fancy,

50:18

and a fishing trip

50:22

in a blue bay, because when he's

50:24

arguing, the bay was blue. Perhaps in the

50:26

São Francisco River, since it was in

50:28

Niterói, right? The contemporary, the current.

50:31

Ah, modernism wants to be conversing

50:34

with the present, with its

50:37

historical dilemmas, which, being the president's,

50:39

are no less historical.

50:44

Forget the exploits of Ulysses.

50:46

Perhaps Evando realized how

50:48

difficult it would be to condemn the book, right?

50:52

At a certain point, he vents.

50:54

They managed to get the defendants... Does this have a certain sympathy in

50:56

some circles of poorly informed public opinion

50:58

?

51:02

One indicator that can help us lies

51:04

in the constant adherence of the discourse to the

51:06

evidence presented, which certainly wouldn't be

51:08

a romantic trait, but a

51:11

modern one, right? This flaw can

51:15

materialize in two ways: by

51:17

simple mention, which is what I say

51:20

when I quote, as the

51:21

witness so-and-so said, he said, as

51:24

the report said, this happened in this

51:25

way; or by

51:28

verbal reference, as the

51:31

witness said, he was in

51:33

the ferry queue when he noticed a

51:35

person, I'm reading what the

51:36

witness said, or as the report said, the

51:39

cause of the injuries was asphyxiation. I

51:43

'm reading, I'm presenting the evidence, I

51:47

'm not just mentioning the evidence.

51:49

Of course, the verbal citation method gains

51:53

credibility, but it hinders the

51:55

fluency of the discourse. It's a weight that the

51:58

lawyer has to check, but it

52:00

obliges an epic, objectified narration

52:03

and not a lyrical, subjectified narration,

52:06

right? This can compensate for the damages to the

52:09

fluency of the appeal. Because you gain

52:10

credibility when you're presenting

52:12

evidence.

52:13

If we admit that the modernization of

52:15

Brazilian judicial discourse has, as

52:17

one of its indicators, the constant adherence to the evidence in the case files,

52:19

we can

52:21

identify its presence

52:22

comparatively between Evandro Silva,

52:25

Getúlio de Moura, and Romero Neto. Flores da

52:27

Cunha did not, because he became aware

52:28

of the case files during the session, as he

52:31

readily confesses.

52:33

Well, regarding the citation of

52:36

authors, we find a

52:39

relative balance, right? Evandro cited

52:42

seven, Getúlio de Moura 10, and Romero nine.

52:46

Authors in general,

52:49

Pedro Vergara, who will be for the defense,

52:51

Ferre, and Nelson Gria,

52:55

but an abysmal difference arises in the

52:58

adherence to the evidence in the case files in the

53:00

strong way of citing verbatims. Evandro Silva

53:04

cited the evidence in the case files verbatim 30

53:06

times compared to none by Getúlio de Moura,

53:09

who remained simple in his mere

53:11

mention, and twice by Romero Neto, who also

53:13

resorted to simple mention on other occasions.

53:17

The narration, and particularly the

53:20

confirmatory or contradictory evidence of the

53:21

narration. The discourse, which gives more

53:24

space to the full content of statements,

53:27

documents, and expert opinions than to their

53:29

rhetorical representations, expresses a

53:31

realistic yearning.

53:33

This is not yet modernism; just look at

53:36

how Rui Barbosa handles the evidence, but it is

53:39

negating romanticism. The adherence to evidence is

53:42

a negation of romanticism.

53:45

Getúlio de Moura's exquisite defense

53:47

does not entirely abandon the old school.

53:50

Here we have one, there one is disregarded, like

53:52

a sucked orange. Like

53:56

Casanova de Caxias.

53:59

The

54:03

comparison between the

54:05

social sensitivity of the jury and the keen ear of an

54:08

Indian that he makes would have been made by

54:11

a Gonçalves Dias lawyer.

54:17

Built from the

54:19

contagious sympathy that Olga Senoria had aroused.

54:22

Alongside the sentences of the

54:23

robed judges, he explained to the jury, who

54:26

live in their ivory towers. We have the

54:28

jury's decisions, which must be in

54:30

perfect consonance with the average opinion

54:32

of society,

54:35

since the jury, constituted by legitimate

54:37

representatives of the collective conscience of

54:39

society, this district is to judge

54:42

according to the norms of society, so as

54:44

not to disappoint it. On a

54:46

dozen occasions, Getúlio emphasized the

54:50

subordination of the People's Court to the

54:52

sympathies of the people. A very appropriate thesis

54:55

for that case, however terrible. For

54:57

many others,

55:00

Getúlio constructed the most functional

55:02

argument for that session. Could the

55:03

people's court contradict

55:05

popular aspirations?

55:07

Romero Neto's rebuttal has all the

55:09

rhetorical ingredients of a

55:11

consummate master in the art of advocacy.

55:14

But without exaggeration or effervescence,

55:18

the marks of romanticism are clearly there. From the outset,

55:20

Romero addresses the

55:22

jurors permanently in the second person plural, a

55:25

device that Evand Lin only used in his

55:27

speech.

55:29

When referring to certain forged evidence intended

55:31

to undermine the honesty of Algas

55:32

Sueli, which we will discuss in the

55:34

following section, he stated that it had been

55:37

produced by the lawyer Tenório

55:38

Cavalcante, whom he called Lord of

55:41

Barço and Cuutelo of the city of Caxias,

55:44

highlighting this power to already compromise

55:47

investigations. Right, and

55:50

investigations carried out in Caxias.

55:53

The metaphors follow one another, it's a profusion

55:55

of metaphors. Truth is like a diamond

55:58

that despairs and demoralizes anyone who

56:00

tries to reproduce it artificially.

56:04

Truth is like an environment that resists

56:06

water, that withstands fire. The

56:09

carcinogenic properties were

56:11

unknown at that time.

56:15

An anaphora couldn't be missing.

56:18

For those who have forgotten, anaphora is the

56:19

repetition of the same word at the beginning of a

56:21

sentence: "

56:26

had to give air," "gave her her love," "gave

56:29

her her trust," "gave her her

56:31

virginity," "gave them"—there are three more: "gave them."

56:34

That's an anaphora. Ah, well, uh, and of course

56:39

the peroration was "poor girl," "

56:42

inspired burin," "the cross," etc. And so there's

56:46

the challenge for one of you

56:48

to study the

56:54

criminal forensic oratory of the jury when it gets rid

56:56

of romanticism.

56:59

We enter into patriarchalism, machismo, and

57:00

homophobia

57:02

to see if I, finally, can do

57:05

this in 10 Minutes.

57:07

Well, we can affirm that the

57:09

penal systems of the Christian West are born

57:11

phallocentric and homophobic,

57:13

because the criminalization of sexuality

57:15

by canon law was a

57:18

terrible program, right, with the consecration of only one

57:22

way, right, of

57:24

licit sexual intercourse, which is carnal conjunction. For

57:29

those who haven't studied sexual crimes,

57:31

carnal conjunction means daddy and

57:32

mommy. Intramarital carnal conjunction

57:37

between married couples, I can say it's

57:41

procreative,

57:44

only to make a little child.

57:47

The rest, including pleasure, has a

57:53

taste of illicit residue.

57:57

This was the model, right, that was

57:59

spread, that killed many people,

58:02

right, at the stake, our first one here at the

58:04

tip of a cannon, right, in Maranhão.

58:07

Anyway, that's it.

58:09

Well, modernity also consummates the

58:12

domestication of women's labor,

58:14

which in the future will surprise

58:16

working-class women with double shifts

58:18

without double pay.

58:21

The conditions were in place for the

58:23

patriarchal bourgeois family model and its networks

58:25

of dependence and domination, right, which would

58:28

also discipline the Affections. I

58:31

bring here a passage from Pierre

58:32

Bourdieu, who dealt with this subject and

58:34

which, for me, is a seminal passage that

58:37

I transcribe for you here. If the

58:39

sexual relationship shows itself as a

58:41

social relationship of domination, it is

58:44

because it is constructed through the

58:46

principle of fundamental division between the

58:49

active masculine and the passive feminine.

58:54

And because this principle creates, organizes,

58:56

expresses, and directs desire—

58:59

desire as a desire for possession, as

59:02

eroticized domination, and feminine desire

59:05

as a desire for masculine domination, as

59:08

eroticized subordination, or even,

59:10

ultimately, as

59:13

eroticized recognition of domination.

59:16

No woman participated in the

59:17

police investigation, the instruction and debate in the

59:19

criminal action, the jury trials, and the appeals

59:21

to the Court of Justice. The

59:23

lawyers, prosecutors, judges, jurors

59:25

, and justices are all men. So much

59:27

masculinity speaks for itself, but

59:30

there is a provocative ambiguity in the accused

59:31

.

59:33

When she tried to kill whoever

59:34

made her unhappy, the country was

59:36

modernizing.

59:39

Women's suffrage was not yet two

59:40

decades old, and the consolidation of

59:42

labor elections had not yet completed one.

59:45

Many In that context, women sought to

59:46

emancipate themselves from the

59:49

patriarchal bourgeois family model, or at

59:51

least to reduce the level of oppression

59:53

imposed by it, which rendered

59:56

married women indigent

59:58

legal positions and single women in a state of

1:00:01

perpetual transience, a

1:00:03

constant waiting period. Many women, despite

1:00:06

all the difficulties, forged

1:00:09

escape routes, some, like Vim, even killing their

1:00:12

husbands, and routes of insurgency.

1:00:15

The fact that Algas Sueli had a job

1:00:17

would speak in favor of libertarian projects.

1:00:19

However, her moral conscience was

1:00:21

radically committed to the

1:00:24

patriarchal bourgeois family model. In the name of

1:00:26

this model, she sought as her destiny

1:00:29

passive, eroticized subordination and

1:00:32

violently rebelled against an

1:00:34

unwanted freedom. Perhaps this is what

1:00:37

saved her, because this model

1:00:39

ideologically predominated in

1:00:40

society, not just in the

1:00:42

dominant class.

1:00:43

The axiological aspect in which

1:00:46

public opinion moved, and which certainly also

1:00:48

prevailed among jurors, had its

1:00:50

lower limit in the concept of an

1:00:52

honest woman. A concept that was only expelled from

1:00:54

Brazilian legislation at the beginning of the 20th

1:00:56

century. XX.

1:00:58

Under the predominance of the tropicalized Itorian statute

1:01:02

, one need only listen to this skillful

1:01:04

Getúlio de Moura. The jury will have to judge

1:01:07

according to the norms of society.

1:01:10

We here In Brazil, we still demand

1:01:12

sacred ties. from marriage to the

1:01:14

union of the sexes. We require

1:01:16

families to be legally constituted. Hence the

1:01:19

nobility and legitimacy of

1:01:22

Olga Suel's aspiration. She wanted the marriage and she had a

1:01:26

right to it.

1:01:28

I was entitled to it.

1:01:31

An

1:01:32

arbitrary exercise of one's own reasoning

1:01:35

suddenly gives rise to a direct shot

1:01:38

against Silva, right? He was entitled to it,

1:01:42

but the sources

1:01:45

from which it paradoxically stemmed—an

1:01:47

advanced, acquittal solution—are quite evident. The presence

1:01:50

of moral arguments, and I'll go

1:01:53

further, as many authors mention

1:01:55

during jury trials, there was

1:01:57

a theme in this jury trial proving a clandestine act of a

1:01:59

moral nature that seemed secondary and

1:02:02

unimportant, but in reality was

1:02:05

central and decisive. It was about the

1:02:07

sexual honesty of something happy. The

1:02:09

careful approach the lawyers

1:02:11

take to it reveals its importance. Even though

1:02:15

three homicides were being tried—

1:02:18

one attempted, two completed—

1:02:22

it suggests that acquittal or conviction

1:02:24

could result from the

1:02:26

defendant's sexual honesty or dishonesty. The

1:02:29

private prosecutor, Evand Silva, was shrewd and

1:02:31

elegant. Through his shrewdness, he was

1:02:34

convinced that firing at someone who had

1:02:36

earned him so much sympathy and understanding

1:02:39

was risking seeing the projectile

1:02:40

backfire.

1:02:43

Only Augas there killed two and almost killed

1:02:46

one, but she managed to win the

1:02:48

coveted role of victim. At that

1:02:50

time, the victim had not yet

1:02:52

re-entered the criminal scene. The victim

1:02:55

was removed from the crime scene on two separate

1:02:57

occasions. since the 11th, 14th, and 15th centuries, there was the

1:03:02

historical issue of public punishment.

1:03:05

As public punishment was being

1:03:07

constructed, the victim

1:03:11

ended up losing even forgiveness and the right to

1:03:13

act, the initiative, and forgiveness. It

1:03:17

wasn't just her last name; the father figure, the asylum,

1:03:21

the duel—things like that were losing ground

1:03:23

too, right? But no one has been so

1:03:26

robbed.

1:03:28

It is in this sense that we speak of the confiscation

1:03:29

of conflict. The victim lost her power; she

1:03:32

no longer manages her conflict, which is now

1:03:34

managed by a representative of the

1:03:35

king. The offense wasn't directed at her anymore, no.

1:03:38

No, the offense was the law. The

1:03:40

very concept of an infraction is being created

1:03:43

and worked on. And then in

1:03:46

criminal law theory, in the mid-

1:03:49

19th century, it is definitively kicked in the

1:03:52

backside when

1:03:55

the concept of legal good is invented. Because until

1:03:57

then, liberal thought

1:04:01

considered the legal objectivity

1:04:03

of the crime to be the

1:04:06

subjective right of the victim.

1:04:08

My right to sexual integrity

1:04:11

was violated when Dr. Rafael

1:04:13

Fagundes stabbed me here in the

1:04:15

arm. But no, from the perspective of

1:04:18

legal good, no, it's not the abstract legal good of

1:04:20

health, it's not my arm.

1:04:23

Then the victim returned at the end, in the

1:04:26

second half of the 20th century, even

1:04:28

transforming into the greatest propagandist of the

1:04:31

penal system, which is why she came to

1:04:33

occupy, became an expert in

1:04:36

opinion. The person who has been criminalized is

1:04:38

certainly the one who is least able to avoid

1:04:40

criminalization. He has already proven that he doesn't

1:04:42

know how to avoid criminalization, and he becomes the

1:04:43

victim, playing the authority figure. But it comes back to haunt us through the

1:04:48

post-traumatic stress syndrome

1:04:52

created by wars.

1:04:54

This nozological category

1:04:56

creates, let's say, a psychiatric space

1:05:00

for the victim, and thus the victim who had been

1:05:03

expelled returns in this

1:05:05

perspective.

1:05:07

This didn't exist in 1950; there was

1:05:09

simply the victim, but she

1:05:11

gained the role of victim,

1:05:16

and those defamatory pieces of evidence that would

1:05:19

n't stand in the trial were self-

1:05:20

sabotaging. All he allowed himself was

1:05:23

a brief outburst. Imagine him

1:05:26

there in the middle of the night, you know? Making the

1:05:29

second judgment. Then he said: "At the

1:05:32

root of all that was the alleged

1:05:35

deflowering of a woman who claims to be

1:05:37

26 years old and is actually much older.

1:05:40

All

1:05:42

the great lawyer allowed himself was to doubt the

1:05:43

most famous deflowering in the country and

1:05:46

increase the age of the deflowered woman. That

1:05:48

was all that this lawyer, an elegant person

1:05:51

, wasn't he? I, Getúlio de Moura,

1:05:55

also shrewd while seeking to convince the

1:05:57

jury that his duty was to heed the voice

1:05:59

of the people, proceeded to extol the

1:06:01

moral qualities of the defendant. Oh, glacier, a girl with very poor

1:06:04

material resources, but rich in

1:06:06

moral beauty, dedicated to her family and

1:06:08

work, a modest girl, a member of a

1:06:11

religious congregation, an example of

1:06:13

personal dignity. And here's the fatal shot:

1:06:16

by day in the registry office and by night embroidering the

1:06:19

trousseau.

1:06:22

Contrary to Sir, the rich and unscrupulous young man

1:06:26

, the libertine Don Juan de

1:06:28

Aldeia, who was always a vagabond, was the one who,

1:06:32

after seducing Sueli,

1:06:34

frequenting her house, deflowered her,

1:06:36

impregnated her, He promoted her

1:06:37

abortion. With the child removed, the

1:06:40

bride's womb abandons her

1:06:42

miserably.

1:06:44

Having drawn the two profiles, the lawyer

1:06:45

arrives at the core of the issue by proving a

1:06:47

clandestine affair. Note that Sueli was not an

1:06:49

easy girl. She didn't surrender

1:06:52

to herself under the impulse of an

1:06:54

incurable libido. No. During their years of

1:06:57

courtship and engagement, Sir resisted seduction.

1:07:01

Then, little by little,

1:07:02

insidiously, he broke down her

1:07:04

moral resistance, etc., etc.,

1:07:06

winning her heart, frequenting her

1:07:08

house, enveloping her elderly mother in a

1:07:11

web of affection to the point of calling her "

1:07:13

mother-god,"

1:07:15

but the slow and inexorable destruction of the

1:07:18

moral resistance of a poor girl. It

1:07:22

fell to Romero Neto to

1:07:24

concretely dismantle the defamatory evidence that

1:07:27

aimed to disturb the sexual honesty of the

1:07:28

couple.

1:07:30

The first of these was the distorted version

1:07:32

of a fact. She had dated a

1:07:34

married man, they dated for a little over a month. When

1:07:36

she found out he was married, she broke up

1:07:38

immediately. This was a

1:07:39

true fact. All in In its entirety. Without

1:07:43

the other three.

1:07:45

The witness, I already mentioned one, a

1:07:46

prostitute I didn't say, she's my

1:07:48

colleague, she makes a living there, nobody

1:07:50

believed her. But they also got a

1:07:52

witness named

1:07:55

Aristotle, something like that. No, I saw

1:07:57

her leave the bar, Rua dos

1:07:58

Invalidos, 35,

1:08:01

suspicious bar and so on. That was

1:08:03

possible because the defense was there,

1:08:05

a family lived at Rua dos Invalidos 35.

1:08:07

So a certificate came out, that also

1:08:09

ended up being the case. And there was also what would be

1:08:14

a letter from the waiters at Brama. At that

1:08:17

Brama bar, a year and a

1:08:18

half before, two years before,

1:08:20

a meeting would have taken place in which the Vieiras

1:08:22

would have paid something to the Dantas.

1:08:25

What will Romero N do? What fault is it of

1:08:28

his misfortune to be exploited by a third party?

1:08:31

But Romero Neto, one of the great points

1:08:35

of this is the rebuttal, the counter-rebuttal of

1:08:39

Romero Neto, is to dismantle this letter. Look

1:08:42

how well the waiters at Brama write.

1:08:45

Him dismantling this letter is worth

1:08:47

reading, whether in Araújo's book

1:08:50

, Carlos Araújo Lima, Whether in

1:08:54

Romero Mento's own book on Criminal Defenses.

1:08:56

Well, sexual honesty was

1:08:59

intensely thematized.

1:09:01

And his thesis, of course, the defense thesis was

1:09:03

built on ideologically

1:09:05

macho ground and such, it would hardly be

1:09:07

defeated in an equally

1:09:08

macho court. And since machismo goes hand in hand

1:09:11

with homophobia, it was inevitable

1:09:13

to clarify Professor Valdomiro's situation. Who

1:09:15

is Professor Valdomiro? He was

1:09:17

apparently

1:09:19

an associate of the Vieiras, but one who was

1:09:21

protected, someone very vulnerable. The

1:09:24

defense says: "No, he was hidden

1:09:26

on purpose."

1:09:31

He was a regular customer, a very

1:09:34

close man, the Vieiras, he was always there, he

1:09:38

would have participated in that meeting that the

1:09:40

waiters at Brahma described and so on." Romero

1:09:43

Neto

1:09:44

was

1:09:46

accurate and restrained.

1:09:49

Professor Valdemiro is a regular customer of the

1:09:52

Vieira family, an

1:09:54

intimate friend of the late Manuel Vieira, a

1:09:57

frequent visitor to his house.

1:10:01

And there, as Getúlio de Moura explicitly stated

1:10:07

, Professor Valdomiro maintained

1:10:09

ambiguous, yet intimate, relations with

1:10:11

Manuel Vieira.

1:10:13

He lived for several years at Vieira's expense, an

1:10:16

abnormal individual who delighted in

1:10:18

such suspicious and compromising company.

1:10:21

Old Manuel Vieira maintained his friend Valdomiro at his own

1:10:24

expense at the Hotel Rio Branco.

1:10:26

The two were always

1:10:28

together,

1:10:30

they were bed and table companions.

1:10:33

So serious and immoral were these relations

1:10:36

that witnesses did not want to

1:10:39

lift the veil that covered

1:10:41

Manuel Vieira's preferences and manners

1:10:43

in his intimate relationship with

1:10:45

Valdomiro.

1:10:47

Mr. President, after that

1:10:50

he apologizes for his restraint.

1:10:54

Unfortunately, the respect due to the jury and

1:10:57

the ladies... Present in this room, and the

1:10:59

memory of a dead man, impose

1:11:01

silence upon us. So, thanks to

1:11:04

Etúlio de Moura's description, no one will have realized

1:11:06

that the father who forbade his son's love

1:11:09

also lived a forbidden love. 10-

1:11:11

minute pause.

1:11:14

Professor,

1:11:15

professor, if you'll allow me, I'd like to

1:11:18

quickly pass the word to the president, just because I think Ana has her

1:11:21

credentials presentation today. I wanted to

1:11:24

pass the word, Ana, just

1:11:26

reminding you, this class today is

1:11:28

part of the case study module

1:11:31

of our postgraduate course

1:11:34

in criminal law, which is the

1:11:35

result of an agreement between the OAB (Brazilian Bar Association) and CPED (Center for Studies and Research in Criminal Law),

1:11:39

and which we are now re-launching for the

1:11:41

fourth class, and Professor Nilo

1:11:43

is the academic coordinator, and I,

1:11:45

Rafael Fagundes, and Jorge Flores are the

1:11:47

executive coordinators. I hope,

1:11:49

I'm sure, that once again we will

1:11:51

count on your support for this

1:11:52

re-launch.

1:11:54

Absolutely, dear Rafa. I

1:11:57

wanted to say, professor, that every time you

1:12:00

come here, you give a

1:12:02

gift. This is very special for all of us.

1:12:05

What a wonderful class. I just hope I can

1:12:08

watch them all, right? What a

1:12:11

wonderful class, what a spectacular presentation,

1:12:16

and I hope it's being recorded

1:12:18

so we can take this

1:12:22

presentation to the interior of the state, to all

1:12:25

the lawyers, because this is a

1:12:28

fantastic historical class. And I wanted to say

1:12:32

to the professor, who was a great president

1:12:35

of our institution, who represents the

1:12:39

best of the legal profession in Brazil, that if we

1:12:43

had more Nilo Batistas,

1:12:47

especially in the courts, we would

1:12:49

be in a truly desirable country,

1:12:54

a country that makes us proud.

1:12:56

Nilo Batista, without a doubt, is a

1:13:00

prince of the legal profession,

1:13:02

an example for all of us. And I wanted to

1:13:05

express here, on behalf of the lawyers of the

1:13:07

entire state, Professor, how you

1:13:12

illuminate the younger generation, how you

1:13:15

illuminate us all, and we are all

1:13:18

followers of Nilo Batista here, not only in

1:13:21

this state, but in this country. I am

1:13:24

very proud to know you and to be able to

1:13:26

enjoy a few minutes of your speech, as

1:13:30

we were all honored to do here today.

1:13:33

Professor, receive our gratitude,

1:13:35

affection, and all possible tributes

1:13:39

to a great man. Tribune, to a great

1:13:41

lawyer. Thank you very much, professor.

1:13:46

[Applause]

1:13:55

Let's call 10 minutes.

1:14:00

Thank you for the honor of your presence.

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