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“I feel bad and destroyed inside,” says Lidiane Brandão Biezok, 45, to the newspaper O Estado de S. Paulo. In the early hours of Friday the 20th, when Black Consciousness was being celebrated in Brazil, she was seen attacking customers and employees at the Dona Deôla bakery in Pompeii. “You only serve me to catch my remains,” he said, between slaps, throwing objects and racist and homophobic offenses such as “fag”, “deer” etc.
Lidiane was taken around 9:00 p.m. to the 91 police station in Vila Leopoldina, where she spent the night from Friday to Saturday 21, when she was released on bail.
According to the police report, the lawyer was arrested in flagrante delicto for personal injury, injury and homophobia (Law 7716/89) practiced against two 24-year-old artists who were consuming at the time of the incident.
According to the victims, they had gone to the bakery for dinner and at one point observed that the author was arguing with an employee. “Do you know what you have? AIDS. Do you know what you bring? Cancer, ”Lidiane told artist Ricardo Boni Gattai Siffert. Moments later, she is seen pulling the boy’s hair and slapping him across the face.
In a note, the establishment described the attacks as “regrettable”, saying that it was at the disposal of the authorities and in contact with the victims to offer them legal support.
The case is being investigated by the 23rd Perdizes Police Station. “I have a very, very serious illness. I’m in the process of being hospitalized, ”Lidiane tells the newspaper O Estado de S. Paulo, by phone.
According to the lawyer, he has been taking prescription drugs for depression, bipolar disorder and panic syndrome for 20 years, but the illnesses “have no cure and the drugs no longer work.”
Lidiane says she is sorry for what happened and says she “had a beer” just before going to the bakery, where “things got out of hand.” “I am very sorry. I would very much like to apologize for the outbreak I had, but unfortunately I am a sick person. This disease is very difficult,” he explains, adding that today he must be hospitalized. “I need a closer follow-up.”
According to the lawyer, he has already “been through this” two more times, “but everything was under control.” Lidiane also reports that she has been “about to be hospitalized before.” “I have had episodes of all this together. I have no control over this disease, ”he says.
In 2005, Lidiane was denounced in the Penal Forum of Barra Funda for crimes of slander, libel and defamation. Two years later, the case was dismissed. Years later, in April 2016, she was arrested on the spot for robbery and sent to the same police station, being released the day after the bail was paid. The lawsuit was definitively closed exactly two months before the episode on Saturday, September 20 of this year.
Jurists interviewed by Estadão explain that if the prosecutor’s total inability to recognize the illegality of her actions is proven, she will not be penalized for the facts. “The legislation says that when we have the presence of a mental pathology, it has to be proven with experience. In general, the experts must answer some questions, including whether the disease, in that intensity, makes the person completely incapable of understanding the illicit behavior that he develops “, explains Leonardo Pantaleão, specialist in Law and Criminal Procedure and member of the Special Legal Commission Criminal Law of OAB / SP.
If the pathology is diagnosed, but with some capacity, at the time of the action, to recognize the crime, Lidiane can be considered semi-imputable, with a sentence reduced from one to two thirds. “The judge can also determine a security measure: outpatient treatment or intensive care hospitalization. The purpose is to cure the danger resulting from the disease ”, observes Pantaleão. In this case, the lawyer could only be discharged from the hospital after judicial authorization, with an expert analysis of his dangerousness. “She would have no more agency.”
Still, Lidiane can be condemned by the civil sphere. “She can be held responsible and obliged to sue the victims for moral, material and physical damages. As much as he has psychological disorders, he has assets and can afford it, so he could compensate them, “explains Acácio Miranda, a constitutional lawyer.
To the newspaper O Estado de S. Paulo, Lidiane said that she already has a group of lawyers “who take care of this” and that “each one is going to play a role.” “I am receiving many threats, lies, and now they will begin to sue these groups,” he explains. When asked what the lies against him would be, the lawyer declined to comment. “I hope this guilt and this bad thing, this infinite anguish inside me, comes out.”
The report tried to contact the lawyer appointed by Lidiane as responsible for her defense and the victims, but did not receive a response.
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