Deolane chose to share a cell because he suffered from panic syndrome, says MP-SP

Moving to a shared cell was voluntary and had the consent of the other inmate. A SAP report, obtained by UOL, shows that Deolane declared that she was afraid of being alone and of feeling ill during the night in the cell. Therefore, she would have chosen to spend the night in another room, which is occupied by a lawyer.

Deolane was initially housed in cell number three. But, after episodes of panic syndrome, he asked for permission to sleep in cell number two. According to SAP, despite spending the night in the neighboring cell, Deolane's personal belongings, including his mattress and blanket, remain stored in his original room.

The situation was confirmed by the MP-SP (Public Ministry of São Paulo) when analyzing a request for reconsideration of Deolane for transfer or house arrest. Deolane's defense asked that the accused be transferred to the General Staff Room, a place to receive authorities or people with prerogatives who need to be detained, or under house arrest.

The MP highlighted that the lawyer is not alone in a cell due to an individual decision. The prison administration, in its response to the São Paulo Court, assured that Deolane's integrity and health are preserved, and that her rights as a lawyer are respected, without distinction or discrimination.

The Prosecutor's Office used the document to maintain that Deolane had the option to remain alone. The documents sent to the São Paulo Court also contain statements written by the prisoners themselves to prove that Deolane asked to spend the night in room number two, occupied by another prisoner.

Deolane has been in prison since May 21st. Investigations indicate that she received financial transfers from a transport company that launders PCC money. Understand the accusation against the lawyer by clicking here.

Deolane's defense alleges the violation of his professional prerogatives and the inadequate conditions of his custody. The influencer's defenders argue that the place of confinement is not a General Staff Room, but rather a barred cell without decent facilities, which violates the lawyer's right to be held in a General Staff Room or, in his absence, under house arrest.

According to Deolane's lawyer, Aury Lopes Jr., a report from the Brazilian Bar Association highlighted structural problems in the penitentiary. Among the points mentioned are: lack of adequate ventilation, toilet without a lid close to food, excessive heat, restriction on personal hygiene items, proximity to the "punishment pavilion", generating noise at night, extremely small cell, deteriorated bed foam, sheets with a strong musty odor and tattered blankets, of "extremely precarious quality".

Defense claims that Justice was based only on information from the prison administration and the opinion of the Public Ministry. According to the influencer's lawyer, the court disregarded the OAB/SP reports and a precedent from the STJ that points to the need for house arrest in the event of a lack of adequate conditions.

The virtual trial of Deolane's habeas corpus began last Monday (6). The case is judged by the 16th Criminal Law Chamber of the São Paulo Court of Justice and, according to lawyer Aury Lopes Jr., should be concluded on the 15th. The object is the discussion about her prerogative, as a lawyer, to stay in the General Staff Room or compatible facilities.

MP defended that the conditions at the Tupi Paulista Women's Penitentiary are adequate. Furthermore, the body reiterated that the facilities and amenities appear to be adequate, in compliance with jurisprudence for the preservation of the established prerogative

The management of the prison unit clarified that there is no overcrowding at the location. According to the opinion of the Public Ministry, the homes have approximate dimensions of 2.20 meters by 3.30 meters, totaling around 26 m², which is higher than the minimum parameter of 6 m² provided for in Brazilian legislation.

Deolane has a bed with two foam laminates for greater comfort, continues the MP. "Mattresses are replaced when necessary or requested. Mattresses and bedspreads have recently been replaced." Furthermore, the opinion also mentions that the unit regularly supplies personal hygiene kits, cleaning materials and uniforms with no records of supply deficiencies.

See below other points that are in the MP-SP opinion:

The blankets provided follow the standard defined by SAP, acquired through a bidding process, and custodians can receive blankets from family members;

The openings in the cells are part of the original architectural design, ensuring permanent ventilation, natural lighting and security requirements;

There is periodic pest control by a specialized company in all the unit's facilities, including the Special Pavilion, at maximum intervals of forty days.

The OAB report even recorded the presence of a team carrying out pest control during the inspection, which the MP-SP considers proof of continuous preventive measures;

Four daily meals are provided (breakfast, lunch, dinner and supper) prepared according to nutritional and health criteria standardized by the Penitentiary Administration Secretariat;

The provision of a television is not a legal requirement for the General Staff Room, and the purchase is at the expense of the custodian. Problems with the open signal are external to the unit's management;

The unit offers regular religious assistance, with a specific schedule and content availability, in addition to educational programs (elementary and secondary education, technical, professional and reading courses);

The MPSP concludes that Deolane's claims, presented in the OAB report, are "devoid of any basis capable of discrediting the administration's factual and legal arguments."

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