Free YouTube Transcribe

Video transcript

Dr. Francisco Alves Cangerana Neto em um Discutindo Thesis com Wagner Ginotti - #015

DISCUTINDO THESIS · 12,576 words · 58 min read

Want to search this transcript, jump the video from any line, or download it as TXT, SRT, or VTT?

Open in the transcript tool

Full transcript

0:17Welcome to another podcast discussing

0:19theses . We start from a premise in the

0:24development of this project , that

0:26without science , these programs . There

0:30is no quality of life . And if truth

0:34exists , it is a problem posed by

0:36science , by knowledge . Common sense ,

0:42unlike knowledge , is characterized by

0:47being spontaneous , vulgar , unmethodical

0:53, unsystematic ; that is , it has a point

0:59here , a point there , without

1:02connections , without consequences ,

1:05without a naturalistic or rationalist

1:08relationship , in which the concepts of

1:11cause and effect become expendable in

1:15the final analysis . It is also

1:21uncritical , empirical , and

1:23substantially intuitive . We , contrary

1:30to all of this , bring the best that the

1:33intellectual system , the academic

1:36system , rationalism , research , and the

1:39scientific method produce . We bring men

1:46and women of science , particular

1:48sciences , sciences that have

1:51differentiated themselves within a

1:54critical process , within a delimited

1:57field of research . The sciences are

2:02particular in that each one deals with

2:05distinct sectors . To speak of medicine

2:08is not to speak of dentistry . To speak

2:10of dentistry is not to speak of law .

2:12And even within these areas , today we

2:14already have sub-areas . Science has ,

2:19among many characteristics , objectivity

2:24, verification , precision , and it

2:28possesses a rigorous language where

2:33concepts define objects and are defined

2:38by them , rather than simply being

2:42something placed as definitive . The

2:49fundamental difference is that truths

2:51in science are always provisional .

2:56Within this , we are bringing today a

2:58giant of science , a giant of studies .

3:03We are bringing the professor , doubly a

3:06doctor , doubly a master , with three

3:11undergraduate degrees , not counting

3:13extension courses , not counting

3:16specialization courses . By the way , a

3:19curriculum vitae that , if you allow me ,

3:21we would spend hours reading . The

3:25professor Dr. Francisco Alves

3:28Crangerana Neto . This man , he is a

3:33graduate in police sciences . Within

3:37this concept , he ended his career as a

3:41full colonel of the Military Police ,

3:45being today a reserve officer . He holds

3:50a bachelor's degree in law and a

3:53bachelor's degree in literature from

3:57USP , the University of São Paulo . He

4:01is a master in administration from

4:04Insper . He is a master and doctor in

4:09police sciences , as I have already

4:12mentioned , and a master and doctor in

4:15law . That is , and the theme today , his

4:20doctoral thesis at USP within the

4:23sub-area of criminal procedure , brings

4:26as its theme criminal policy and

4:29criminal procedure , relationships with

4:33restorative justice in comparative

4:36studies with the systems of Portugal ,

4:39Canada , Chile , and Argentina , and also

4:42bringing it to the Brazilian reality .

4:48Within this , a vast research , including

4:51international trips for interviews , in

4:54search of materials to define concepts

4:57such as criminal policy , criminal

4:59procedure , criminal law , the

5:01conjunction of criminal law and

5:04criminal procedure in the formation of

5:07a penal system , the penal system

5:09communicating with criminal policy as a

5:12set of practices aimed at security . The

5:17concept of public security ,

5:19encompassing the preventive , the

5:21judiciary , and bringing in , beyond all

5:25of this , restorative justice , bringing

5:28in beyond all of this , uh , restorative

5:31justice . So , Professor Dr. Francisco

5:36Alves Cangerana Neto , an honor for this

5:39program , a man who is a luminary , this

5:43man of absurd brilliance , pure

5:46intelligence , a born researcher . So , it

5:50is a pleasure to hear your explanations

5:52. You are very welcome .

5:55Greetings to everyone . Thank you very

5:57much , Dr. Wagner , our colleague , our

5:59coordinator . Uh , I am very honored to

6:02be here and speak about my thesis .

6:05There are few opportunities where we

6:07get to talk about research , about

6:09science , right , with this depth , with

6:12this ease . This theme was born from

6:17explorations basically with Portuguese

6:21law . It started with Portuguese law and

6:24it actually began at an event with

6:26Professor Manuel Valente , who came to

6:29Brazil . We talked about it informally

6:32over coffee , and from there I began to

6:34dwell on the subject . Subsequently , uh ,

6:39we wanted to talk about how the world

6:42is treating these systems that involve

6:47criminal policy and criminal mediation ,

6:49criminal procedure , right ? We want to

6:52have a limit to this . A doctorate has a

6:53time limit , right ? It is not a

6:56permanent research , although we

6:58continue to research the topic and , uh ,

7:00the work , in fact , always moves forward

7:02, right , the ideas always evolve , right

7:04, but we have a time limit . So , the

7:08research method we found was to locate

7:11a target country , a seed country to

7:13research , and from it , locate sources

7:16of another law from another country ,

7:18going to seek them out from that other

7:21country , right ? So , it started in

7:24Portugal . Chile is a very cited country

7:28, a country with a modern criminal

7:30process , and there is no way not to

7:32mention Canada when talking about

7:34restorative justice . Everyone cites

7:36Canada , right ? Uh , a strong

7:39contribution , even because of their

7:40culture there . Ah , in Chile , it was

7:44suggested that I research Argentina ,

7:46right ? Here we are slightly reducing

7:49mediation , we are in restoration ,

7:51restorative justice , and it had a peak

7:53of use , then it reduced . Go see in

7:56Argentina , right ? Oh , and then we also

7:59went to Argentina ; we were very well

8:01received and managed to find some

8:03important contacts there , notably an

8:06appellate judge from the city of

8:08Córdoba , from the state of Córdoba ,

8:10right , which is a very peculiar state .

8:13We'll talk about that . Ah , and just to

8:21give a taste of the topic , my theme has

8:24to do with a metaphor , which is : when

8:26you look at a painting , you view it

8:29from a distance and you see a harmonic

8:32whole , right , with the figures there ;

8:35you get an impression of that painting ,

8:38don't you ? Wow , that's cool . I look at

8:41Guernica from a distance , I look at the

8:44painting of independence from a certain

8:47distance , I will see there a harmonic

8:50set . When I get closer to this painting

8:53, I start to see individual figures

8:56inside it , right ? I start to see an

8:59explosion there , I start to see a horse

9:02, a character within the painting that

9:04has all of its particularity . And this

9:07metaphor illustrates what we see as

9:09criminal policy and criminal procedure .

9:12Criminal policy is a harmonic painting

9:15within social harmony , always under

9:18construction , always in development .

9:22And criminal procedure is a figure

9:24inside it , a large figure , a central

9:26figure , a figure that at first glance

9:29might even be confused with the

9:30painting , but it is just one figure in

9:33the painting you are looking at , right ?

9:36But if you step back , you see criminal

9:38policy . So , we stepped back from

9:41criminal procedure to reach criminal

9:43policy , and then we started writing the

9:45paper , right ? Still on the methodology ,

9:49a methodology that we use a lot for

9:51quantitative research , and eventually

9:54qualitative too . And here it was

9:58qualitative , legal research , which is

10:01to look at a sample of an individual

10:05you want to research and , from this

10:08sample , you locate the other similar

10:12characters within it . So they call it

10:17snowball sampling ; it's more or less a

10:20snowball , it starts small , it's a

10:23sample , you keep rolling it , it grows

10:26because new figures appear , and your

10:30work grows in this way , where you

10:33locate others similar to it starting

10:36from a seed .

10:39Figures that would often be hidden , as

10:42your excellency makes very clear .

10:44Without a doubt ,

10:45that this is also the majesty of this

10:47research . It begins

10:50to reveal vectors and factors that

10:52often do not appear .

10:55No doubt . The great example was

10:56Argentina . We weren't going to go to

10:57Argentina , weren't going to research

10:58Argentina .

10:59And the research there was very rich .

11:03Córdoba , mainly , right ? They have

11:05mediation there for any type of crime .

11:06It is possible to make an agreement

11:07with the Public Prosecutor's Office .

11:09And even today I still receive court

11:11rulings from Argentina for us to

11:13analyze . and continue these studies . It

11:17was very interesting . Another

11:20observation I make , which has to do

11:22with the research and is in our

11:24introduction , is a factionalized view

11:26of the law . Well , anyway , on one side ,

11:30I want punishment for everyone . I want ,

11:34uh , a police state , I want , uh ,

11:36discipline , I want prison , I want , well

11:39, the death penalty , violence , whipping

11:43, this and that . On the other , I want

11:46legal protection , a selfish

11:47individualism , as they say , right ? That

11:51philosophy that , uh , it is forbidden to

11:54forbid , I can do anything , I , I , that

11:58exacerbated legal protection , uh , total

12:01decarceration , uh , even the absence of

12:04criminal law , a , a , well , an analysis ,

12:08uh , to the other side . These are two

12:11extremes . And today in modern society

12:15with algorithms , you engage in the

12:18extreme very easily . It is an emotional

12:21discourse that is pushed onto you very

12:23easily . And what we saw in the research

12:28, which we will discuss today , is that ,

12:31in fact , science is outside these

12:34extremes , but it is dealing with the

12:37side effects of ideas from both sides .

12:43For example , I don't worry about the

12:44victim of a robbery , I worry about the

12:46accused , if he will have rights , if he

12:48will have a hearing , if he will have a

12:50custody hearing , and so on . In fact ,

12:54the modern trend today is to recognize

12:56the role of the victim . The victim has

12:59returned to the heart of the debate ,

13:00right ? What used to be criminal

13:04proceedings as an affirmation of a

13:06state , of state power , public criminal

13:08action , the state's concern against the

13:11individual criminal , the victim merely

13:13as a source of evidence , right ? It's

13:17not really like that anymore . The

13:20victim is returning to the core of the

13:22issue , notably for certain crimes ,

13:24where they act as a party in mediation ,

13:26in an agreement in restorative justice ,

13:28or even in criminal mediation . In which

13:32, in a civil conciliation , they can act

13:35as a protagonist , as a party . So , this

13:39came , this emerged , right ? The role of

13:42the victim has returned and it is no

13:44longer just the state against the

13:46individual . Another issue is

13:50decriminalization , diversification ,

13:53which very clearly comes with the idea

13:56that crimes are different . There are

13:59many types of crime , right ? Stealing a

14:02chocolate bar is one thing , stealing a

14:05dress is another , right ? A robbery

14:08using explosives at a bank , at a vault ,

14:11using rifles , using a series of devices

14:14, that's different . Uh , a robbery is

14:19different from a felony-murder , uh , a

14:21homicide under intense emotion is

14:24different from a premeditated homicide .

14:28Anyway , this difference in crimes is

14:31also bringing differences in treatment

14:34within criminal policy . In Chile , for

14:39example , manslaughter can be dealt with

14:42through a restorative agreement . The

14:45person didn't mean to commit that act .

14:47They committed a homicide . Homicide is

14:49a serious crime , but manslaughter is

14:51different from a premeditated homicide .

14:54The solution approaches it differently .

14:58So , this other issue of the gradation

15:00of crimes , right ? Punish , but punish

15:04which crime ? Incarcerate , but

15:06incarcerate for which crime , right ?

15:08Contempt of authority . Contempt is a

15:11minor crime , right ? Uh , uh , now ,

15:13violence , the practice of violence

15:15against a police officer , against an

15:17individual who represents the state , is

15:18very different , right ? So , these are

15:21situations that have to be looked at ,

15:23are being looked at by modern science ,

15:25by modern criminal policy , right ? They

15:28are reverberating in laws . So , the same

15:31, the same norm of the Brazilian

15:33criminal package in particular that

15:35introduces a guarantee judge , it raises

15:37the Brazilian base sentence to 40 years

15:40. It brings other figures that increase

15:44punishment for some crimes and reduce

15:47it for others , a non-prosecution

15:49agreement , uh , uh , for a non-violent

15:52crime , right , for fraud , right , and the

15:55increase of the penal sanction and ,

15:57evidently , of the punishment for other

16:00crimes .

16:04No , perfect . I see that your work is

16:07based on some assumptions . You even use

16:11this intellectual , Miré and Delma

16:13Marti . Her point is impressive when she

16:17talks about restorative justice versus

16:20this traditional penal accusatory model

16:22. So , our penal system , in Your

16:26Excellency's view — and I agree

16:28entirely — is static , and what it

16:30presents in terms of dynamism is

16:33perhaps not very well explored , that

16:35which is concentrated within the sphere

16:38of criminal policy . And its

16:42relationship with criminology , insofar

16:45as the latter , criminology , will study

16:47social facts , will study the figure of

16:50the delinquent , will study the figure

16:52of delinquency , will seek causal

16:54factors . So , within this , criminal

16:59policy seeks to identify everything

17:01linked to the exclusion of criminogenic

17:04factors and what would be the best

17:06policies that should be developed .

17:11Within this context , what is Your

17:14Excellency's take on restorative and

17:16reparative justice within a State like

17:19Brazil , so disproportionate , so

17:21disfigured , so fragmented , where there

17:24is one reality in the North and another

17:27in the South ? How would it be possible

17:31to apply this justice , this penal

17:33system * lato sensu * , which is already

17:35critical in its own right ? It is , just

17:40complex . It involves a series of

17:46prerequisites . For example , a person

17:49qualified to handle such sensitive

17:51topics . A victim facing an offender ,

17:53right ? There could be revictimization .

17:57Uh , face to face .

17:58Batista talks about this .

17:59Yes , for sure . Yeah , definitely . Uh , in

18:03Canada , it came with a Canadian culture

18:04different from ours here in Brazil . Uh ,

18:09although we believe that the indigenous

18:12people here had some type of group

18:15justice , right , where the group

18:17discussed the fate of the criminal ,

18:20today Brazil is very much linked to the

18:23European inquisitorial system of

18:26continental Europe . Yes .

18:29In our minds , the State goes in and

18:30punishes the aggressor . We expect the

18:33state to deliver justice . We submit to

18:36the state , we accept the authority of

18:38the State , as is the only way it

18:40happens here , our culture , we feel it

18:42this way . When we say there will be a

18:45restorative circle , in which people

18:47will be inside a circle , the symbolism

18:49of a circle is that everyone has the

18:51same stature in there . So there is no

18:54judge , there is no accuser , you have

18:56people of equal stature discussing a

18:59fact , an imperfection in a relationship

19:02that caused damage to a number of

19:04people in there . Notably greater damage

19:06to the victim , but damage to everyone

19:08present . Including the harms that the

19:10cause of the crisis , who is also in

19:13this circle , may have suffered , which

19:15may have even been a determinism for

19:17their behavior , will also be discussed

19:20in there . It is not something simple to

19:22do . Uh , I participated in a restorative

19:25circle in Barueri . Uh , the connection

19:29is very strong , it creates strong

19:31empathy between the participants , but

19:33it is not so simple to do . And the

19:37research trend , we researched Chile ,

19:39Argentina , Canada , and Portugal , in

19:42addition to Brazil , is that mass

19:45mediation does not utilize restorative

19:50justice . It is a trend , even due to the

19:52complexity of the subject , the need to

19:54have trained people for this . Our

19:57tendency is a more bureaucratic penal

20:01transaction . Public Prosecutor on one

20:04side , the accused's lawyer on the other

20:06, in a more practical way , just like

20:08non-prosecution agreements , without lay

20:10judges .

20:13Evidently , yes , this mediation is

20:16possible , but with legal professionals

20:19involved .

20:21In other words , it is not as open as

20:22the current system , where anyone can

20:24participate in a transaction — or

20:26rather , in a settlement .

20:28Perfect . It is possible to be a

20:30mediator without a law degree . We are

20:33also reaching civil mediation , right ?

20:36But the trend in criminal proceedings

20:38is for the state to be a key figure in

20:40this mediation , to participate .

20:43Not to give up this prerogative .

20:45The non-prosecution agreement and the

20:47penal transaction , their great leading

20:49role lies with the Public Prosecutor's

20:51Office . It's not just here , is it ? In

20:55Chile , for example , you have a

20:57restorative agreement between victim

20:59and offender , with a legal mediator

21:01there , and this has reduced the

21:03suspension of the process which is

21:05between the Public Prosecutor and the

21:07offender , which has increased . So , for

21:10minor crimes , as I said , the trend for

21:12minor crimes in all these countries has

21:15been to increase this state-offender

21:17mediation figure , the state on one side

21:19through the Public Prosecutor and the

21:22offender on the other . And everyone

21:25also has the figure of the

21:27victim-offender agreement , but in all

21:29of them , the victim-offender agreement

21:31has a lower percentage , a lower

21:33tendency to occur , given the complexity

21:36of this in criminal law , evidently . And

21:42in Brazil , we have Law 9099 , perhaps

21:44what comes closest to the models

21:47studied by Your Excellency . In 9099 we

21:51have civil settlement , we have the

21:54penal transaction , we have the

21:57procedural suspension there in article

22:0089 , where the process is suspended —

22:03that is , it starts from different

22:06assumptions than other models studied

22:10by you . Is this fruitful ? Should this

22:13be deepened ? Is Brazil ahead or behind

22:16in relation to this justice ? Reparative

22:20in relation to this restorative justice

22:23. What are we falling short on ? What is

22:27missing ?

22:28Well , Brazil is also very peculiar ,

22:30isn't it ? It has a criminal process

22:33that was very different in the 40s . It

22:36introduced some figures there . It was

22:39already accusatory in the figure of the

22:41process itself , and had the police

22:43investigation as the instruction . And

22:47our penal transaction , our civil

22:49conciliation , hit here like a wave that

22:52hit all countries in Latin America . We

22:57followed this Latin American trend with

23:00our own peculiarities , right ? We are

23:04still very concerned about crime , with

23:07the serious crimes that have the

23:09criminal process with all its figures .

23:14Ah , we are accepting , we are entering

23:18into this global trend of mediation

23:21figures for medium crimes , minor crimes

23:25, right ? Although , this is a major key

23:29to our process , today with plea

23:31bargaining , which is much more of a

23:34source of evidence than mediation , but

23:37it is also mediation , right ? It ends up

23:40applying to organized crime and serious

23:42crimes , very serious crimes , right ? And

23:45through it , you have a mediated

23:47solution , a negotiated solution . This

23:51changes the way legal professionals ,

23:54criminal law professionals , start to

23:56view their professional practice . There

24:01must be specific preparation to have a

24:03procedural strategy , right ? One can no

24:06longer ignore that an agreement must be

24:09considered , right ? The lawyer can no

24:12longer just perform that traditional

24:14defense . They will always have to think

24:16about an agreement now . And an

24:18agreement is strategy , because in an

24:20agreement you have to foresee what the

24:22future will be if that agreement is

24:24reached , right ? So , this professional

24:27profile and universities have been

24:30preparing for , facing this ; it has been

24:32undergoing this change in civil law ,

24:35for sure , for many years , right ? People

24:38already talk about negotiation ,

24:40settlement of the process , they already

24:42talk about agreement , they already talk

24:44about conciliation , but in criminal law

24:47, it is now emerging , it is a global

24:49trend , not just in Brazil . And the

24:53legal professional now starts to have

24:57this profile of negotiator , conciliator

25:01, mediator that the new legislation

25:04requires ,

25:07given that our criminal process is

25:09retributive . They also speak of it

25:12being preventive , but it is essentially

25:14retributive ,

25:16with a focus on guilt , as you clearly

25:18express in your work . By the way , a

25:20brilliant work . It always aims at the

25:24imposition of pain , suffering ,

25:26punishment , even from a Christian view

25:29that he who does evil receives evil . So

25:33, if you are a good boy , you will have ,

25:35par excellence , paradise . If you are a

25:39bad boy , you deserve the worst , you

25:41deserve punishment , you go to hell ,

25:43which perhaps our prison system

25:45approaches quite closely . In other

25:49words , the goal is suffering for the

25:50sake of suffering . When it comes to

25:54restitution , when it comes to

25:55restorative justice , Your Excellency

25:57always points to dialogue , always to

25:59dialogue . But is dialogue possible

26:03between the one who suffered violence ,

26:06even if we take the car example where

26:09the person later makes an agreement to

26:12either wash the car or perform

26:14maintenance ? How would that fit within

26:18the Brazilian mindset , which is a

26:20mindset — I would even say violent due

26:22to the media , imprinted by this media

26:24— how would that look ? How would you

26:26resolve this ? Exactly . Look at the

26:29difficulty of a restorative cycle for a

26:32serious crime : rape , a homicide , a

26:35serious bodily injury — having that

26:38person sit in a circle to talk to the

26:40other , right ? Today in Brazil , that

26:45isn't possible ; you have the figures of

26:48the non-prosecution agreement and the

26:51criminal transaction as possibilities

26:54for having a restorative cycle , right ,

26:57for minor crimes , non-violent crimes ,

27:00even medium crimes , right ? Our culture

27:05is not different , it's not so different

27:08from Chilean culture , from Argentine

27:10culture , right ? In Chile , for example ,

27:15you also have these agreements for

27:17minor crimes . And for greater crimes ,

27:21where they have something similar to an

27:24American guilty plea , a confession

27:27agreement , and up to 10 — the

27:29punishability is up to 10 years , notice

27:32, right ? The Chilean system accepts

27:35that a person confesses to the crime

27:37and makes a plea deal with the Public

27:39Prosecutor's Office , exactly like the

27:42American guilty plea . However , even

27:45having made an agreement and confessed ,

27:47the Chilean criminal process requires a

27:50trial hearing , it requires an analysis

27:52of the evidence by the judge . And , even

27:56if the person has confessed and agreed

27:59to a sentence of 5 , 6 years of

28:01deprivation of liberty , if the judge

28:03does not find proof of the crime in the

28:06evidentiary body , they acquit the

28:08individual , unlike the American system ,

28:10where if they confessed , made the deal ,

28:13and it's ratified , they go to prison .

28:18In Chilean culture , as in Argentine

28:20culture , in Brazilian culture , where

28:22the truth is an important value for us ,

28:25if this truth is not formalized in the

28:27evidentiary set , the individual is not

28:30incarcerated , they are acquitted . Even

28:33if they made a deal , even if they

28:35confessed , they are acquitted . So ,

28:38notice how the cultures connect , right ?

28:43Now , on the issue of violent crime in

28:46all these countries , these Latin

28:49American countries , the concern is to

28:52punish . And evidently , the process is

28:55guarantor-based ; the process allows for

28:57a defense because we are talking about

28:59physical punishment , we are talking

29:01about a person inside a prison . So , we

29:03want to put this person there , provided

29:06they are effectively the one

29:08responsible for the crime . So much so

29:12that the crime package increased the

29:15incarceration sentence amount to 40

29:18years . And the big question there

29:21If I may interrupt , Your Excellency ,

29:23what did you think about this , this

29:24particular point ?

29:26Well , I understand that for us , it is

29:29what we accept as correct . I accept it

29:31that way . I would even like to state my

29:35own position here ; looking at Argentina

29:37, for example , a homicide crime , a

29:39serious crime , there it is life

29:40imprisonment . And why life imprisonment

29:43? Because we don't like people , because

29:46we aren't humanistic , right ? Because

29:49they know that person may be a risk to

29:52society , so they will be monitored for

29:54the rest of their life . They committed

29:56something violent , something dangerous ,

29:58and they are monitored for the rest of

30:00their life . In Brazil , a life sentence

30:02is constitutionally prohibited , an

30:04entrenched clause , right ? Uh , and for

30:09us , the great dilemma — I will pose a

30:12dilemma here of a serious murderer who

30:15has served , say , 30 years , 40 years ,

30:18whatever it may be — today , with

30:20longevity , the guy leaves physically

30:23fit after a penal sanction like that ,

30:26right ? A person in whom a

30:29predisposition to violence is mapped ,

30:32who is going to be released , right ? How

30:36do we get out of this dilemma ? The

30:38Supreme Court ruled on something

30:39similar . An individual with a mental

30:42illness who practiced violence , who

30:44committed homicide , was undergoing a

30:46security measure that has no time limit

30:48in our law ; they could be treated for

30:50the rest of their life , right ?

30:52The Supreme Court understood

30:54that there is a time limit , yes . It is

30:56a figure with a legal nature similar to

30:58a penal sanction

31:00and it had already reached 30 years and

31:02now they will be set free , right ? And

31:05so the decision was somewhat Solomonic .

31:09They will be set free , yes , but the

31:11Public Prosecutor's Office will say

31:13whether or not civil commitment is

31:14appropriate for the treatment of the

31:16mentally ill person . And if they took

31:19the position that there is a need for

31:22treatment , for commitment due to the

31:25individual's mental illness , they would

31:28remain civilly committed , right ? Ah , so

31:32how do we move past this — the

31:34individual who has this violent

31:36predisposition and , on the other hand ,

31:38the guarantee of that individual's life

31:41, the recognition of their humanity ,

31:43their dignity , right ? Countries like

31:46Argentina , Italy itself , well , they

31:49have life imprisonment and Brazil has

31:52this limitation to deal with it . So I

31:56see it this way : violent crime is one

31:58thing ; society needs to be protected .

32:02We need to have solutions without

32:03wounding people's dignity . On the other

32:07hand , minor crimes must have a

32:09diversified , differentiated treatment .

32:12We are talking about an extremely

32:14complex criminal policy here , with

32:16several alternative solutions that are

32:18already on the horizon , right ? It won't

32:21stop there . Research has shown it won't

32:23stop there . The first wave was in '95

32:25with the plea bargain , and it was a

32:27revolution . It is still criticized

32:29today . Some say , but the guy writes a

32:33poorly prepared incident report ,

32:34doesn't attach evidence , and the person

32:37accepts the plea bargain just to avoid

32:39paying a lawyer or facing a trial ,

32:41right ? Yeah , that is an effect , isn't

32:44it ? Now , the non-prosecution agreement

32:47requires a confession , but what if I

32:49didn't commit the fraud , but if I

32:50confess I'll go free , right ? Yeah ,

32:52that's another dilemma , isn't it ? Yeah ,

32:55yeah , anyway . I'll tell a story here

32:58about an individual who committed

33:01contempt during a seizure at a

33:03neighbor's house . The neighbor was

33:05having her property seized by a bailiff

33:07. He went over there , I don't know if

33:09properly or improperly , to see what was

33:12happening . He had an argument with the

33:14bailiff , an incident report for

33:16contempt was filed , he went to the

33:17police station , etc. , right ? He went to

33:21the first hearing and was told he could

33:23enter a plea bargain , maybe spend a

33:26weekend reading a book , a very simple

33:28thing , really . And the person said : " No

33:31, I don't want to , because I didn't

33:33insult the bailiff . She insulted me , I

33:35want to prove that , but I didn't insult

33:37her . " That is the question , right ? Dr.

33:41Saulo participated in this process

33:42until the end . Then this individual

33:44ended up having a heart attack and

33:46couldn't participate in his own defense

33:47in the trial he wanted . He wanted to

33:49defend himself , wanted to prove he

33:51didn't commit the insult , right ? There

33:53was even a conviction in his absence ,

33:54which was later annulled by the São

33:56Paulo Court of Justice . However , there

33:59was no longer enough time to continue

34:01with the contempt case and eventually

34:04reach the truth of whether or not the

34:06offense occurred . So , that's it . The

34:08dilemma of the plea bargain , right ? A

34:10person might want a trial , that is

34:12possible , but a trial carries a burden .

34:14Sometimes it is impossible to prove the

34:17truth due to time , due to the burden a

34:21trial carries , right ? Yeah , just like

34:24the non-prosecution agreement . So , we

34:26see this evolution , the simplification

34:29of procedures for minor crimes , the

34:31victim-offender agreement , which is

34:33something much more complex , the public

34:36prosecutor-offender agreement , which is

34:39something that is happening , the

34:41mechanization of this agreement ,

34:43sometimes without looking if there was

34:46evidence or not , sometimes confessing

34:48because it's easier , even confessing to

34:51what they didn't do just to get it over

34:54with . Anyway , this is done , this was

34:58seen , this was observed , but , uh , this

35:01diversification is a trend . Uh , we see

35:07that , through our justice system ,

35:10through the special criminal courts , uh

35:13, by Law 9099 of '95 , it brings civil

35:17composition , it brings the criminal

35:20transaction for crimes that have a

35:23maximum penalty of up to 2 years , with

35:26that 2006 revision . And there is the

35:31procedural suspension under article 89

35:35and the possibility of application for

35:37those crimes that have a minimum

35:39penalty , this time different , of up to

35:41one year .

35:44Should these deadlines , based on your

35:47position , your vision , your experience ,

35:49and everything your work has delved

35:52into in terms of restorative justice ,

35:55be extended ? Well , we also have to

35:58start looking at what type of penalty

36:00we attribute to crimes , right ? Uh , I

36:03remember a time when carrying a weapon

36:05was more serious than robbing someone

36:07with that weapon , right ? And in some

36:09places , they said : " If you have a

36:11prohibited weapon in your waistband ,

36:12you know , a defaced gun , uh , and you're

36:14about to be arrested , draw it and try

36:16to rob someone because the penalty

36:18would be lower . " Today that has already

36:20been adjusted . So , the criminal

36:21sanction must be reviewed . What is the

36:24penalty that will be assigned to each

36:26crime , right ? Uh , and in response to

36:29this , the non-prosecution agreement

36:31emerged in an anti-crime package .

36:32Notice , an anti-crime package whose

36:35marketing is to punish , to chastise , to

36:39lock up , right ? Along comes a

36:42non-prosecution agreement for medium

36:45crimes , let's say , for example , fraud ,

36:47right ? So , when we talk about fraud ,

36:51which is a property crime , right ? No

36:53one is saying that the person won't

36:56have to indemnify the victim , that they

36:58won't face a civil lawsuit arising from

37:01the crime , that they won't have all

37:04their liability regarding the property

37:06indemnity issue . We are talking about

37:09punishment , less punishment , they won't

37:11be punished , they will make an

37:13agreement , there won't be a criminal

37:15trial , a non-prosecution agreement ,

37:17right ? With the burden in our culture ,

37:20a very heavy burden for us , right ? to

37:22our inquisitorial culture of confessing

37:25to the crime . I will confess to the

37:28crime , a , an important burden , which is

37:30to compensate the victim , right ? And I

37:33won't have to go through the trial . And

37:35a trial , we mapped this in our work , a

37:37trial is also punishment itself . Uh , ah

37:41, I am innocent , but if I am sued , by

37:43being sued , besides the media pressure

37:46on top of it , I am already previously

37:49punished , right ? Ah , Cerana was

37:52acquitted , he , anyway , but he was put

37:55on trial . Being put on trial is being

37:57punished , being punished morally , being

37:59punished in the media . Uh , so the trial

38:02itself is a punishment . This even

38:05explains the adherence to these

38:07agreements by many people who perhaps

38:10didn't even commit it or or anyway or

38:12who have no evidence against them , but

38:15they accept it because they don't want

38:17to be sued . They know the social burden

38:21, the moral burden , eh , the burden on

38:23their image that this can cause . Eh ,

38:28and even today with the intensification

38:31of information sharing on the internet ,

38:35on social media , right ? The impact that

38:39a trial has in the post-truth era . I

38:41create a whole truth on top of this

38:43trial , I share it with thousands ,

38:45millions of people all over the world .

38:48And that is a is a punishment perhaps

38:49even greater than being imprisoned ,

38:51than being segregated in a room , in a

38:52cell . Does restorative justice

38:56accelerate social pacification , or is

38:59it one of its mitigators ? Which one ?

39:02Does it have a central role , would it

39:04have an accessory role ? Could it have a

39:07central role , or does that depend on a

39:10social culture ? I see it as difficult

39:15to apply , but it absolutely

39:20in Brazil , it absolutely seeks

39:22pacification . A well-done circle ,

39:26well-applied , with several sessions , it

39:29will bring healing to an imperfect

39:32relationship , right ? uh

39:35presupposing dialogue ,

39:36presupposing dialogue , presupposing

39:39maturity from those people through this

39:42relationship process in a restorative

39:44cycle , anyway , right ? Eh , it is applied

39:50in in criminal execution , as seen in

39:53Portugal , among others , right ? eh to

39:57apply justice in criminal execution ,

40:00that is , the prisoner who has already

40:03committed a crime , who is already being

40:06punished , already incarcerated ,

40:08participating in a restorative cycle is

40:11a way to re-educate this individual , to

40:14restore this individual to society . Ah ,

40:17and this , as it was observed , eh , was

40:20extremely beneficial . And then you no

40:23longer have that worry of having a

40:25criminal trial on your heels , that you

40:28could be punished , so you participate

40:30in the restoration , in the restorative

40:33process to avoid a criminal trial . No ,

40:36you’ve already been convicted ,

40:38you’re serving your sentence , and now

40:41you’re participating in a restorative

40:43session to effectively heal that

40:45imperfection of yours , and when you

40:47finish this , you return to society as a

40:49better person . But I repeat ,

40:52restorative justice is difficult to

40:55implement . I’ll make a distinction

40:58regarding Canada , because this

41:00restorative justice in Canada has roots

41:02in the indigenous people , in the native

41:04people , not only in Canada , but also in

41:07some places in the United States . So ,

41:10for them , it’s more natural to act in

41:11this way . But we are talking about

41:14different cultures . When the European

41:16arrived there , they brought a different

41:17way of social living . There is an

41:21emblematic example mentioned in the

41:24work about an indigenous woman who

41:26killed her husband , who treated her

41:29badly , humiliated her , and cheated on

41:32her . She was given a light sentence

41:36within the Canadian justice system , the

41:39traditional justice system , considering

41:41a series of mitigating factors . However

41:46, it was later understood that no , she

41:49should participate in a restorative

41:52process and that her reaction , from the

41:55native perspective , was legitimate . So ,

42:01notice the difference in worldview , in

42:04society , where you respect the

42:06indigenous culture , and there in Canada

42:09, this emblematic process , why ? If I

42:13live in a in a native group , I have my

42:20norms there , but if I go to the city ,

42:23even if I am a native , I begin to

42:26operate within that society , right ? In

42:32a mitigated way , it was understood that

42:35this native woman living in the city ,

42:37being acculturated , should still have

42:39her right to have her culture

42:41recognized respected , even for judgment

42:44and for the punishment or

42:45non-punishment of what she committed .

42:49Something we talk about a lot here

42:50regarding the indigenous person who is

42:52unaccountable . And then the indigenous

42:55person goes and commits a homicide , and

42:57we say : " Gosh , but the guy did it . " So ,

42:59one must analyze where this person

43:02comes from . Remember that we had

43:05indigenous people here who even

43:08practiced cannibalism , which was a

43:12cultural thing ; they even only killed

43:15and ate people they deemed worthy to

43:19try and obtain that person's virtues ,

43:23right ? It is a different culture from

43:25the European one , for whom this is a

43:27heinous crime , just as for us today

43:29homicide is heinous , right ? I’m not

43:32talking about forgiving those who

43:33committed homicide , nothing like that ,

43:35just analyzing it in this way . The

43:39acculturated indigenous person ,

43:42evidently , has all the social

43:44conditioning to understand their

43:47responsibility . And our criminal

43:52process assumes this sense that people

43:55have of choice . If I , if I understand

44:00that there is absolute determinism in

44:02people's choices , I have to throw out

44:04the criminal process , right ? On the

44:07other hand , if I understand that a

44:09person absolutely has their choice

44:12absolutely , uh , uh , preserved , uh , they

44:18can choose , uh , uh , without any

44:20influence from either the environment ,

44:23biology , or any other factor . Uh , uh ,

44:27I'm also being radical . I have to

44:30understand that a person has free

44:32choice , but there are factors that

44:34influence , mitigate , or aggravate that

44:36free choice , right ? If not , I have to

44:40throw out the criminal process or , uh ,

44:43start living in a world of , uh ,

44:45survival of the fittest , or law by the

44:48impulse of social or biological

44:50determinism , among others . Your

44:55Excellency's work is remarkable ; it is

44:57profound . There was a passage where

45:01Your Excellency cites Ferrajoli , in

45:04which he would cite Plato , where it is

45:07said that we punish , we chastise , we

45:10create suffering in the condemned so

45:12they become good again . In other words ,

45:17they suffer to become good again . And

45:21then the nature of the punishment ,

45:22which is a contradiction . I mean , and

45:26then there's a maxim from a professor

45:28we both know , whom he uses a lot ,

45:30Professor Dr. Flávio Catinscas . He

45:34says : " You don't open a safe by kicking

45:37the doors . " Meaning , if you want to

45:42restore a situation of social

45:45pacification , of a status quo , where

45:49mediation , restoration , and dialogue

45:52presuppose valid paths for that , then

45:56we have to change our model of

45:59punishing to heal , which is somehow

46:03ingrained in Brazilian society . We , we

46:09see this in different social systems ,

46:11not just in the traditional criminal

46:13procedural system and in those other

46:15countries . Uh , did Your Excellency see

46:21this more pertinently than in Brazil ?

46:24I , I noticed , actually , Chile is the

46:25country that incarcerates the most

46:27proportionally , right ?

46:28Oh , is it ? I noticed this in Latin

46:31America ,

46:32hmm ,

46:33this , this incarceration as punishment

46:35itself . And there is a very interesting

46:37question , right ? If I want to heal the

46:39person who committed a crime , it's

46:41because I love them , right ?

46:43Hmm .

46:43And in reality , no , we don't like the

46:45criminal , do we ? The aggressor , the

46:48thief , the robber , right ? We actually

46:51have a complete objection to them ,

46:54right ? As a policeman for 37 years , we

46:57... I usually say in the classes I

46:59taught at the Military Police : a

47:01policeman cannot like the thief . It

47:04doesn’t mean he will mistreat the

47:06thief while enforcing the law , but he

47:08cannot like the thief ; he must enjoy

47:10enforcing the law , right ? And , and

47:13protect people . So , what we see here is

47:17punishment . Punishment in Chile is

47:21proportionally greater than in Brazil .

47:23Brazil has far more people incarcerated

47:25, obviously ; I think it’s the third

47:27country that incarcerates the most ,

47:29behind China and the United States ,

47:30right ? If my memory serves me right , a

47:33little over 600,000 incarcerated ,

47:34perhaps less . Anyway , Chile has more

47:37proportionally . And what is happening ,

47:41and I’ve seen a lot of this , is okay ,

47:44but what crimes are we arresting them

47:47for ? And if you look at the Brazilian

47:51prison population today , practically 30

47:54, 40 % is drug trafficking , another 30 % is

47:58robbery , and the rest are all other

48:01crimes . So , there is , the law did have

48:05these effects . Our criminal policy went

48:09after the war on drugs and our criminal

48:13policy combats robbery , which is the

48:16abundant crime that should be or is

48:19being combated this way , right ? This

48:23indicates our inclination ,

48:25it has known social causes ,

48:27it has known social causes , evidently ,

48:29what is being strongly discussed now is

48:32the issue of trafficking , because

48:34trafficking is very plural . I have the

48:38trafficking by a student from a

48:40renowned college who brought a bag full

48:43of marijuana to celebrate with

48:45classmates . It’s still trafficking ,

48:49it’s still punishable , and there is

48:51the trafficking by the individual who

48:53is part of a crime tribunal , who has a

48:55rifle slung over his shoulder , who has

48:57there

48:58organization

48:59all their organization behind it , their

49:01network of organization

49:03that makes this drug trade massive . And

49:09it must be analyzed that way ; one

49:11cannot simplify these 40 % of

49:13incarcerated traffickers as being the

49:16same stereotype as that trafficker with

49:19his rifle slung over his shoulder . It

49:22cannot stay this way anymore . And ,

49:25going further , even much more serious

49:27than drug trafficking is arms

49:29trafficking , where the individual

49:31receives a weapon , a rifle , which is a

49:33territorial control weapon , has a range

49:36of up to 5 km , right ? That it is much

49:38more serious to carry a rifle than to

49:40sell drugs , right ? And using a rifle

49:43against society is even worse . So this

49:45has to be looked at . These 40 % , maybe a

49:49percentage of that are people who

49:50don’t have a rifle slung over their

49:52shoulder , by the way . This can be seen ,

49:56and this isn't , um , it won't impact

49:58society as much as the radicals are

50:01making it out to be . What impacts

50:04society are thieves , murderers , drug

50:08traffickers using assault rifles ,

50:11traffickers who cause all this impact

50:14and disrupt people's lives , you know ,

50:18using those as territorial control

50:21weapons . I'm not saying not to punish

50:25traffickers in general , but to look at

50:28this difference through the lens of

50:30criminal policy . We need to map out

50:35this difference , you know , between

50:37individuals who are in one situation or

50:40another . Within restorative justice ,

50:47it's assumed that crime is defined as a

50:50violation of relationships that causes

50:53harm to the victim . And so , within this

50:59view of relationships , the victim and

51:01the offender are both parties to the

51:02process . That is , keeping the

51:07interpersonal dimensions in mind ,

51:09obviously . And the harm caused , as is

51:13being well noted , to the offender is

51:16important , obviously , but in seeking

51:18this solution , what happens to the harm

51:21? It must be repaired , first and

51:24foremost . It can be addressed through

51:29dialogue and restoring that negative

51:32intersubjectivity as much as possible ,

51:35rather than just focusing on what the

51:38injury caused . So , in this first moment

51:41, is that possible ? Are there limits ,

51:44does it depend on creativity , how does

51:45it work ?

51:46Well , look at how complex it is to

51:48repair harm , isn't it ? Because it's not

51:50just material damage . Suppose I stole a

51:52car , I'll return the car . But what

51:55about the trauma of having a gun

51:56pointed at your head ? Oh , and the

51:59feeling of helplessness ? And the

52:01humiliation .

52:03How do I repair that ? How does that

52:05person see their aggressor ? How is it ?

52:07It's not simple to be in a restorative

52:10circle to address this , right ? On the

52:14other hand , let's go back in human

52:16civilization . Looking first at Europe ,

52:19which is our cultural benchmark , but

52:21anyway , we're talking about the whole

52:23world , right ? Before the absolute state

52:27, people walking , wandering through

52:30towns , cities , eventually fiefdoms , and

52:33how was justice handled then ? What

52:37interested the feudal lord , he judged ,

52:38he exercised power ; what didn't ,

52:40concerned the people themselves . So ,

52:43this victim-offender agreement is an

52:46early form of justice , right ? Without

52:51looking at the classics , without

52:52looking at the Greeks , the Romans ,

52:54which was obviously a much more complex

52:56and refined form of justice than this .

52:59But this victim-offender agreement is

53:01something that has always happened in

53:02society . Uh , this inquisitorial

53:05criminal process emerged in continental

53:08Europe for the affirmation of absolute

53:12states , where I take the harm done by

53:15one person against another and make it

53:18my own . This harm is against the state ,

53:21and now I will punish you in front of

53:24everyone to show my power .

53:26Originating a retributive system .

53:28Exactly . So it is also very functional

53:30as an affirmation of power .

53:33Yes . Yes . And in a certain way , a a way

53:39for people to buy into that power by

53:42also being protected by it . So , if I

53:45get robbed , the powerful will punish

53:48the one who robbed me , and I will feel

53:50protected in a way , but I am subject to

53:53the powerful who can create criminal

53:55charges there . Then there is a great

53:58debate about how conduct arises as a

54:00crime or not , right ? Uh , anyway , but

54:02they can criminalize something I do

54:05that bothers them , right ? Uh , and then

54:08you get punished all the same . So , this

54:12public punishment of crime was a first

54:15manifestation of criminal procedure in

54:18continental Europe to reaffirm the

54:20power of the absolute state . Then that

54:26was impacted by scholars , by legal

54:29science , which has always evolved ,

54:32right ? To the point of applying this

54:37criminal sanction in secret inside the

54:39penal establishment , right ? It's no

54:43longer the affirmation of the absolute

54:46state ; it is already established , there

54:49is already an entirely different way

54:52for people to exist within a society

54:54than by the power of the absolute

54:57sovereign . But it continues to be a

55:01punishment that the state applies to

55:04the individual . And Foucault describes

55:06this , Fouv —

55:07Perfectly .

55:08He talks about the construction of this

55:10process ,

55:10writing in detail

55:11about that ,

55:13an execution in Belgium , a torture ,

55:16right , of a parricide . Uh , notice

55:20and there comes the issue of harm . The

55:23harm , in truth , is not against the

55:25state . The harm that the thief commits

55:27is against the victim . And restorative

55:32justice , which predates this idea ,

55:35wants to heal this harm . Can this

55:39person live with us or not ? Should we

55:42expel them from society ? If they are to

55:45continue living in this social

55:47environment , that relationship must be

55:50restored , because we live in a

55:52community , right ? Now , we are talking

55:55about a smaller community , a less

55:58complex environment , where , uh , an

56:01agreement was reached : you stole my

56:03horse , you will return it ; you killed

56:06my horse , you will give me a new one ;

56:09you took my harvest , now you will make

56:12restitution ; uh , you committed an act

56:15of aggression , anyway , you will , uh ,

56:18resolve it in some way so that we can

56:20keep living in the same space ,

56:23otherwise I will send you away . And in

56:27a world where , if a person is a

56:29wanderer , they would have a hard time

56:31surviving until they found a new group

56:33that would accept them . The physical

56:37marking itself , right , that the person

56:39is a criminal , is a way of releasing

56:41them into a world outside that society ,

56:43and they are recognized as a criminal

56:44in another and are not accepted

56:46anywhere .

56:47And having to survive alone , right ? Uh ,

56:51uh , in society , outside of society ,

56:54right ? So , restorative justice is a

56:58composition of a relationship . Now , in

57:01a city like São Paulo , with 20 million

57:03inhabitants , it is possible that the

57:04aggressor will never live with that

57:06person again . We are talking about this

57:09necessary impulse of having to live

57:12with that person , but in a city , a

57:14society like ours today , it is possible

57:16you will never see that person again .

57:20So , there isn't this stimulus for

57:21restorative practice in that sense . On

57:24the other hand , uh , this old

57:26restorative practice that was reborn

57:28there among the Americans with Eglash ,

57:31right , when he tried to deal with

57:34in the 50s ,

57:35in the 50s , of of of the adolescent ,

57:37right ?

57:38And when it was for adolescents , you

57:40imagine a developing being and you are

57:42imagining that they can be educated

57:44within a society , right ? Uh , uh , it was

57:48reborn with these principles of a

57:50society in which people are forced to

57:52live together . But it is for a society

57:56where this is not pressing . So I need

57:59to encourage this person to participate

58:01. And that is where the question

58:02mentioned here about criminal

58:03proceedings comes in . It simulates

58:05because perhaps I won't have a trial if

58:07I participate , perhaps I won't be

58:09punished if I participate . This , uh , uh

58:12, will , uh , encourage me to participate

58:15in a restorative process . From then on ,

58:20I have to adhere to this process and

58:22this must , uh , permeate my will . On the

58:26other hand , when I speak of restorative

58:28justice for the convict who has already

58:30been punished , who is already in prison

58:33, we are talking about their effective

58:35re-education without that stimulus . So

58:38he could stay there , he could work to

58:40remit [ his sentence ] , he could join a

58:43criminal organization , join a criminal

58:45group , anyway , or participate in a

58:47session like this one and try to

58:49restore his life in society . So ,

58:52restorative justice in our work was

58:55seen as an absolutely very interesting

58:58system for the social reeducation of

59:00the individual within a society with

59:03values , right ? On the other hand , it is

59:08difficult to apply , difficult to apply ,

59:12because you need to have qualified

59:15people to handle this restorative cycle

59:19for the listening that Your Excellency

59:21speaks of .

59:22Listening , I participated in one , and

59:24you have an object there that you hold

59:27in order to have the floor . You don't

59:30speak without that object in your hands

59:31, and when you pass it to another

59:32person , you have to be silent and

59:33listen to what the other person is

59:35going to say . So this is a way to force

59:38those who have that habit of

59:40interrupting others from cutting in and

59:43ending up drowning them out , ending up

59:46preventing greater participation . So ,

59:50everyone has the same right to speak .

59:52The circle indicates that you are in

59:54the same position as everyone else .

59:58Anyway , it is a very interesting way .

1:00:02In Canada , a phenomenon occurred , an

1:00:05important phenomenon in this sense , of

1:00:08some judges using restorative justice

1:00:10within the trial proceedings and some

1:00:13police officers also , when responding

1:00:15to incidents , using restorative

1:00:18processes . Because , and now I'm going

1:00:21to bring up an interesting side . The

1:00:23police officer ends up mediating

1:00:25conflicts on a daily basis . He already

1:00:28does this .

1:00:28Without the figure of the ... he already

1:00:29does this .

1:00:30And depending on the skill of this

1:00:32officer ,

1:00:33the military police officer ,

1:00:34military police officer ,

1:00:35very , very much .

1:00:37By the way , he ends up mediating this

1:00:40and resolving this imperfection on the

1:00:42spot , locally .

1:00:44He does it a lot , a lot .

1:00:45And at the police station as well . At

1:00:49the station , it is also possible for

1:00:51these people to arrive there

1:00:53belligerent in a conflict , and the

1:00:54station chief mediates something that

1:00:56is not subject to an inquiry or an

1:00:58arrest in the act . Anyway , this also

1:01:01happens a lot . So , this filter that the

1:01:05police officer provides is not harmful .

1:01:10Evidently , it has its limits within the

1:01:13law .

1:01:13And it is not malfeasance . We still

1:01:17have the mandatory nature of the

1:01:19investigation process , but there are

1:01:22situations where a crime is not

1:01:24foreseen a priori , but rather a

1:01:26conflict that could result in a future

1:01:29crime . And you manage to resolve this ,

1:01:33either on the spot or within a police

1:01:36station , without ... having , evidently ,

1:01:39the skill for it , without this need for

1:01:42formalization , for applying a system of

1:01:46punishment , of a punishment process . I

1:01:50am not talking , obviously , about

1:01:52dereliction of duty , much less that , or

1:01:54releasing a thief , etc.

1:01:58And one can see that , deep down , police

1:02:00and public security systems are seeking

1:02:03this as they demand and look for

1:02:05increasingly qualified people . It is

1:02:10hard today not to see , among members of

1:02:13both the military and civil police ,

1:02:16people who are more highly educated ,

1:02:18more trained within a system , and more

1:02:21capable of this work of social

1:02:24pacification . And let's be frank , quite

1:02:29frank . The work of a police officer

1:02:32today is more of a deterrent and

1:02:35resolution-based role than strictly

1:02:37combat-oriented .

1:02:38Perfect .

1:02:39It’s just that the media explores ,

1:02:41and explores very poorly , what

1:02:43resonates . So it takes a part of the

1:02:46whole and shows it , creating this

1:02:48inversion of values , implying that the

1:02:50police officer's reality is that they

1:02:52must fight , they must kill , they must

1:02:54shoot . When the reality of a troop , for

1:02:58example , is not this . The police

1:03:02officer today is a vital figure ; just

1:03:05through an ostensive patrol , think of

1:03:07how much conflict they prevent from

1:03:10breaking out . Now , a question for Your

1:03:13Excellency , feel free as always . Uh ,

1:03:16does the prisoner , the convict , have

1:03:19dignity ? Perfect . I , I , even while

1:03:23visiting prison facilities with

1:03:25students ,

1:03:26yes ,

1:03:27right ? we observe a São Paulo system

1:03:30in evolution , clear evolution , right ?

1:03:35Uh , but still , with capacity above the

1:03:41expected , right ? The women's prison in

1:03:44São Paulo today has less occupancy , it

1:03:47has vacancies , but the men's is

1:03:49overcrowded , right ? Uh , and you see a

1:03:54management effort so that the person

1:03:58who is there has support so they can

1:04:01work , so they can study , so they can

1:04:04practice their faith , right ? I was at

1:04:09an evangelical church inside the prison

1:04:11with the students . A service was very

1:04:13well conducted in there . Anyway ,

1:04:14which prison , if you please ? The José

1:04:17Parada Neto prison in Guarulhos , near

1:04:20NIP Tatuapé , actually , right ? Uh , and

1:04:24we were able to see a model prison

1:04:27there that was very well kept , but with

1:04:29capacity above what was planned . Even

1:04:32with this excess capacity , there is a

1:04:35great management effort to ensure the

1:04:38prisoner works , studies , celebrates

1:04:40their faith , and practices their art or

1:04:43music ; we were able to see this on-site

1:04:46. We know the difficulties , we know

1:04:50about criminal factions inside the

1:04:53prisons , we see this as a very

1:04:55important issue . I also see fair

1:04:59treatment as something to be applied

1:05:01within the prison system , as an

1:05:03important way out , but not a simple one

1:05:05. We are talking about 200,000

1:05:08incarcerated in São Paulo , a little

1:05:10over 700,000 in Brazil , right ? Eh , it

1:05:13is not something simple to do . São

1:05:16Paulo arrests , arrests the criminal ,

1:05:19protects society , eh , but , eh , eh , the

1:05:22problem is much bigger , evidently ,

1:05:25right ? Eh , I wanted to take the

1:05:29opportunity also to look at the

1:05:30criminal policy framework , moving away

1:05:32from criminal proceedings and looking

1:05:34at the big picture , as Dr. Wagner

1:05:36himself mentioned here , seeing the

1:05:37police , there is a figure there that is

1:05:39the police , military police , civil

1:05:41police , civil guards , they are in this

1:05:43framework . And they are taking care of

1:05:46those who may eventually commit a crime

1:05:48or may be committing a crime , right ?

1:05:51And resolving it within the criminal

1:05:53policy . And then let's talk about

1:05:55something recent in the recognition of

1:05:58our scientific framework , which is

1:06:00police sciences . Today it is understood

1:06:04that police activity is permeated by

1:06:08its own science , a science that has an

1:06:11object . The object of police sciences

1:06:15are the actions that the police officer

1:06:17commits in their day-to-day life to

1:06:18exercise their craft . Everything the

1:06:21police officer does is an object of

1:06:24scientific study . They stop someone ,

1:06:26let's study that . They talk to someone ,

1:06:28let's study that . They park the patrol

1:06:30car at a specific point . Let's study

1:06:32that . The corporation has such a type

1:06:35of architecture . Let's study it . This

1:06:37is all an object of a generic object of

1:06:40police science . These are police

1:06:42actions . The method of this science is

1:06:45plural . I can look at it from the

1:06:47perspective of sociology , from the

1:06:49economic aspect , from the aspect of

1:06:51administration , and from the legal

1:06:53aspect . And still on the legal aspect ,

1:06:56police science finds an important

1:06:58milestone in this study , which is

1:07:00fundamental rights . Everything I look

1:07:04at that the police officer does , I need

1:07:06to understand the following : they are

1:07:07doing that to guarantee rights and are

1:07:09doing that while respecting rights . So

1:07:13they have limits in that action and

1:07:15have a purpose in that action , which

1:07:18are rights , social rights , individual

1:07:20rights , and also protecting the public

1:07:23interest , right ? So this police science

1:07:27was found in our work , evidently , even

1:07:30by the nature of our career . Eh eh , but

1:07:34it has to be part of this criminal

1:07:36policy framework . It is part of this

1:07:40framework , it is within these mediation

1:07:42practices , it is within the criminal

1:07:44prosecution itself . It is the police

1:07:48that bring the evidence of the crime so

1:07:50that this crime has its conclusion , has

1:07:52its process . This evidence must be

1:07:56obtained in a lawful manner . This is

1:08:00the big issue for modern policing . The

1:08:03police must obtain evidence lawfully

1:08:06and provide it so that the judiciary

1:08:09can carry out their role , and the

1:08:12Public Prosecutor's Office can perform

1:08:15its institutional function as accuser

1:08:18and guardian of the law , allowing

1:08:21justice to reach a resolution in that

1:08:24case . Evidently , by issuing a judicial

1:08:28decision . So , this figure of the police

1:08:31officer we know so well is a figure

1:08:33integrated into the work being

1:08:35developed . I was able to look at the

1:08:38police in Portugal ; there are three

1:08:39police forces there : the National Guard

1:08:41and the Public Security Police . The

1:08:43Portuguese define it by the concept ,

1:08:44right ? So , the National Guard , which is

1:08:47a military police ; the Public Security

1:08:49Police , which is a uniformed civil

1:08:50police ; and a judicial police that

1:08:52investigates complex crimes . An

1:08:54extremely well-prepared police force

1:08:55for investigating complex crimes with

1:08:57sentences exceeding 5 years . And that

1:08:59is where you see the complexity of the

1:09:00crime by the sentence , right ? For

1:09:03crimes with sentences of 5 years or

1:09:05less , you have these uniformed police

1:09:08forces acting : the National Guard and

1:09:10the Public Security Police . Manuel

1:09:13Valente is an officer with the Public

1:09:14Security Police , currently on leave to

1:09:16practice law . But he is part of this

1:09:20context of police operations . And these

1:09:23police forces investigate and act

1:09:25within these minor crimes . And for

1:09:28these crimes , it is possible to use

1:09:30that entire framework of mediation and

1:09:33alternative exits from the criminal

1:09:35process , which remove all that stigma

1:09:38and the issue of punishment , right ? If

1:09:41you look at Chile , you have the

1:09:43Carabineros of Chile , a military police

1:09:45force that carries out all its

1:09:47operations throughout the national

1:09:49territory . It is a national police

1:09:52force , but Chile is small , including in

1:09:54terms of population , right ? You have a

1:09:58national police force in Chile , a

1:09:59uniformed one , but also an

1:10:00investigative police for certain types

1:10:02of crimes . Crimes where you don't have

1:10:05a known perpetrator , right ? For crimes

1:10:08where the perpetrator is known , the

1:10:09Carabinero records it and forwards it

1:10:11to the Public Prosecutor's Office . For

1:10:12crimes with an unknown perpetrator , the

1:10:14Public Prosecutor's Office sends it to

1:10:16the Judicial Police to investigate ,

1:10:18right ? And looking at Brazil , we have a

1:10:22complex system , but a quite interesting

1:10:25one with a judicial police for criminal

1:10:27investigation , which has a strong

1:10:30intersection with the Military Police ,

1:10:33who handle patrolling . Both complement

1:10:36each other . This complementarity is

1:10:39very important to map out and

1:10:42understand . Managers must understand

1:10:45this and be encouraged towards

1:10:47integration , and they cannot forget the

1:10:49civil guards who are part of this

1:10:52ecosystem , right , and are also

1:10:54complementary . So we cannot forget that

1:10:56this system is not antagonistic , which

1:10:59is what we see a lot ; the Brazilian

1:11:02press itself sometimes sees this

1:11:04antagonism , right ? Or you have some

1:11:07ideology seeking this antagonism that

1:11:10really shouldn't exist ,

1:11:11if not political manipulation ,

1:11:14political manipulation , and it

1:11:16shouldn't exist , because these police

1:11:18forces are complementary , these forces

1:11:20need integration , they must always

1:11:22integrate , it's a permanent process . In

1:11:27Portugal , Chile , Argentina , and Canada ,

1:11:30and , uh , well , they also have their

1:11:32flaws , but these integrations must

1:11:35exist . Our system is complex , but I

1:11:38repeat , it is a very interesting system

1:11:40, a system where criminal procedure has

1:11:42been adversarial since the 40s , with

1:11:44the presence of a lawyer during the

1:11:46investigation . I'm talking about a time

1:11:48when in Europe and other Latin American

1:11:50countries , there was an investigating

1:11:52magistrate , where you didn't have an

1:11:54adversarial process in the production

1:11:56of evidence , and Brazil already had

1:11:58that in the criminal procedure of

1:11:59Francisco Campos , who looked at Vicente

1:12:01Ráo , right ? Uh , uh , but they changed ,

1:12:04they didn't copy

1:12:05Minister of Justice . Yeah ,

1:12:06perfectly , they didn't copy the

1:12:08inquisitorial Italian criminal

1:12:10procedure . They created a unique system

1:12:13here , uh , which needs to be talked

1:12:14about , because

1:12:15they copied the Penal Code .

1:12:16They copied the Penal Code , for sure ,

1:12:19right ? But the Code of Criminal

1:12:21Procedure , although inspired by the

1:12:22Italian Code , has the figure

1:12:25of evidence production in an

1:12:27adversarial context , notably witness

1:12:30testimony . Right , uh , done in the

1:12:33presence of the lawyer and the Public

1:12:36Prosecutor before a judge . So , uh , our

1:12:39system is also very complex , and

1:12:41there’s no need to have a " mongrel

1:12:44complex " and see , uh , uh , only the

1:12:46imperfections of our system . Let's

1:12:49start looking at the perfections , the

1:12:51complementarity , the complexity of our

1:12:53police system , the complexity of our

1:12:56criminal procedure , and how it evolved ,

1:12:58how it is positioned today , and how

1:13:01other countries have perhaps moved

1:13:03closer to us in criminal procedure .

1:13:07Uh , no . And Your Excellency addressed

1:13:10it , as you have many times , uh , with

1:13:13absolute pertinence . Our military

1:13:17police , especially our civil police ,

1:13:19are natural mediators . How many

1:13:23problems do they solve when responding

1:13:25to incidents ? And that is what must be

1:13:29validated ; that is also what must be

1:13:32placed within this idea of restorative

1:13:35justice , empowering these officers to

1:13:37record the fact and resolve it . And

1:13:41today we are fully capable of preparing

1:13:44them for this . Your Excellency pointed

1:13:47this out very well here , identifying in

1:13:50the approach , identifying in the work

1:13:52of this approach among people and how

1:13:55this would be excellent for society . I

1:14:00mean , we wouldn't need to create new

1:14:02structures , we wouldn't need to

1:14:04generate new costs for the public

1:14:06sector , for the treasury . Not to

1:14:09mention the municipal guards are

1:14:10sensational . Look at how much they

1:14:13contribute to this process of social

1:14:16peace . But , Your Excellency , for your

1:14:21final considerations , for what your

1:14:25research so well developed , so

1:14:27brilliantly developed , pointed out and

1:14:31for whatever else you would like ,

1:14:34please . Perfect . We conclude this very

1:14:38fruitful chat , this very pleasant

1:14:41morning we had here . Uh , seeing the

1:14:48following : the system is alive and is

1:14:50in constant evolution , in constant

1:14:52transformation . I will use the word

1:14:55evolution , constant transformation . So

1:14:59this work is permanent , it had a

1:15:01milestone , evidently it had a temporal

1:15:04mark where it was concluded for the

1:15:07findings and for , evidently , the

1:15:09analysis by the thesis committee , but

1:15:12that doesn't mean it ended there ; it

1:15:15continues , it remains permanent , it

1:15:17must be encouraged . Uh , we continue

1:15:21looking , researching , evolving our

1:15:24observation of the system . Uh , I

1:15:28highlight here that what we observed in

1:15:32Brazil does not leave us behind any

1:15:35system . Our culture is very uh

1:15:40sophisticated . Our justice , uh ,

1:15:43reaffirms here my ... I always look at

1:15:46the glass half full , but in this case I

1:15:49see , looking at everything we have seen

1:15:52, uh , I see the Brazilian system as a

1:15:55very evolved system and I believe it

1:15:57follows trends , logically , as all

1:16:00countries have followed , but it has its

1:16:03own DNA and , in that sense , I view our

1:16:06social evolution , our criminal law and

1:16:09criminal procedure with optimism . Ah , I

1:16:14reaffirm here my optimism regarding

1:16:17Brazil as a whole and our criminal

1:16:20policy system . I also believe in the

1:16:23evolution of police sciences . The

1:16:26initial step has been taken , it is

1:16:28recognized today as a science . Now ,

1:16:30what's left is for scientists to emerge

1:16:32with their publications , with their

1:16:34considerations , with their research ,

1:16:37and that will greatly enhance our

1:16:39country . So , thank you very much ,

1:16:41Wagner . The morning was very pleasant .

1:16:44Uh , let's do this more often . I am

1:16:47truly very happy to have participated .

1:16:50Uh , and may we continue our debates on

1:16:53varied topics , there is so much we see

1:16:56out there . Thank you very much .

1:17:02I just want to make it clear to our

1:17:04viewers that all of my interventions

1:17:06were exclusively based on Your

1:17:09Excellency's work . So , nothing more

1:17:13than that . So , look at the complexity

1:17:16of the work , look at the richness of

1:17:19the work , the vision of criminal policy

1:17:22, the vision of criminal procedure , the

1:17:25relations with restorative justice ,

1:17:27this restorative justice in comparative

1:17:30studies with the systems of Chile ,

1:17:33Portugal , Canada , Argentina , and Brazil

1:17:36. A fantastic piece of research , and we

1:17:39are waiting ; this work must already be

1:17:41in press . In press . I am already

1:17:43letting out some information here .

1:17:45Certainly .

1:17:47And so we will pay tribute to this

1:17:49brilliant intellectual , to this

1:17:52professional whom I highlight here , who

1:17:55knows both theory and practice

1:17:57profoundly . As well as practice . And it

1:18:02is these people that the system needs

1:18:04to listen to . That is the great truth .

1:18:08And not people who have a partial ,

1:18:11incomplete , or immature view of the

1:18:15social system or the police system , who

1:18:18often cause more harm than good . Anyway

1:18:24, that is still something in Brazil .

1:18:29But thank you very much , and look , I

1:18:31thank Your Excellency ; always a guest ,

1:18:34always a friend , always a brother . And

1:18:38thank you very much to you , the viewer ,

1:18:41who supports us , who watches us , and

1:18:44who leaves there , if it pleases you ,

1:18:47your like , your , your , your worldview

1:18:50in relation to everything that was

1:18:52presented . Thank you very much .

Recently added transcripts

Browse the whole transcript library

This transcript was generated from the captions YouTube publishes for this video. Get the transcript of any YouTube video atfreeyoutubetranscribe.com, free, unlimited, no sign-up.