Honorários defensoriais (in)devidos pelo réu no processo penal

Abstract

In this article, we will deal with the impossibility of condemning the defendant, in criminal proceedings, to the payment of fees in favor of the Public Defender, regardless of his economic situation. To do so, we will deal with the doctrinal definitions of the typical and atypical functions attributed to the institution and to which classification the activity of criminal defense of defendants who are not poor belongs. From there, we will analyze the incidence of norms normally invoked as grounds for the establishment and collection of fees by the Public Defender's Office against its non-hyposufficient assisted, especially art. 5, LXXIV, and art. 134 of the Federal Constitution, art. 263, sole paragraph, of the CPP and art. 4th, XXI. From this analysis, we will seek to demonstrate that the performance of this atypical function is also part of the duty to provide full and free legal assistance, with no valid interpretation that allows for an onerous performance of the Public Defender's Office to the detriment of its own assisted, whatever their economic situation.