My friend Pacheco...

My friend Pacheco...

I am deeply saddened to read the news of the passing (which, by all indications, occurred during a robbery in the elegant São Paulo neighborhood of Higienópolis) of my dear friend and esteemed criminal defense lawyer, Luiz Fernando Pacheco.

I don't know if you remember, but I always make it clear that I don't get along well with death – I prefer life. So, Pacheco's (premature) passing was yet another hard blow that death dealt me, in that dying, definitively, is not part of my worldly passions.

In any case, and insofar as the life that gives is the same life that takes away, memories remain, even though we live in times of forgetfulness, in that the fascism that announces itself without any shame is an enemy of knowledge and, consequently, of memory.

Memory and desire, in fact, are the most striking qualities of my murdered friend. The first embraced him from the beginning and is linked to his origins in the small town of Cruzeiro, in the interior of São Paulo state, assuming that Luiz Fernando never forgot where he came from. The second (desire) speaks for everything and everyone who shared with him the happiness of a twist of fate, amidst many, many celebrations colored by the moon.

Few have celebrated life with such intensity as my friend...

All things considered, I liked (very much) Pacheco, with whom I had superficially interacted since the turn of the century, coming to understand him more substantially around 2008, on the occasion of the judgment on the admissibility of the complaint filed in the records of criminal action 470 (STF), where Luiz Fernando represented the interests of José Genoíno...

As I said before, the initial understanding was one of distance, albeit respectful, since we understood that in a criminal case (indictment filed in 1999), in the interior of São Paulo state, for the crime of homicide – he and Professor Márcio acted as assistant prosecutors; I represented the defendant.

The fact that we litigated on opposite sides, in a high-profile case with enormous media attention, distanced us – in the name of the parties' interests and the formalities of the methodology – even though it did not distance or antagonize our professional strengths.

From the beginning of our estrangement (a legal dispute in a court in the interior of São Paulo), I saw in Pacheco a very pleasant figure, easy to get along with and with a great fondness for words – Pacheco liked a drink, and so did I...

The media frenzy made us overly cautious in our personal dealings. As a result, we learned more about each other through mutual friends (the maestro of all maestros, Antônio Cláudio Mariz de Oliveira, and the great criminal lawyer Denis) than from ourselves.

This remained the case until 2008 when we were on a different stage and under different spotlights. This broke the ice, but not enough to secure any victory, as we continued our dispute in the interior of São Paulo state, and the problems loomed toward the final showdown in the jury room.

During the plenary trial for the homicide (I believe it was in 2011), we argued for our arguments, and Pacheco and Professor Márcio prevailed, with my argument for privileged homicide winning by one vote (4 to 3).

After the trial ended, life went on, and as the defendant left the courtroom in custody, I continued working on a Habeas Corpus petition in the São Paulo Court of Justice, where I managed to restore his freedom, as well as on the appeals that followed, ultimately overturning the judgment.

With the annulment of the trial, the defendant opted for a change of professional and I withdrew from the case – this was in 2012/13.

My story with Pacheco gains soul and, above all, substance, in the fact that, without the constraints of rural legal disputes, we were able to meet and exchange words, on several occasions.

The first one, which I remember well now, took place at Piantella, where we met by chance and ended up sharing a table, enjoying many drinks and good food – which Pacheco liked both...

We spent hours in fluent conversation and shared many drinks, reminiscing about the trial in the interior of São Paulo state. On that occasion, I was able to hear from him, against whom I had argued the case, perhaps the greatest compliment a lawyer could deserve.

Vanity then entered the scene, and since I was already familiar with his complimentary words from my friend Denis, the comment merely set the tone for the matter, where what truly mattered was getting to know such an intense figure as Pacheco.

From Piantella to São Paulo, a few weeks later, where he took me to a place that Luiz Fernando himself nicknamed 'my bar' (a bar near the Pinheiros riverbank) and, in fact and by right, there he was King!

Pacheco, by the way, reigned supreme in any situation where reminiscences and humanity were present. His worldview, simple and unbiased, always pointed towards a celebration with plenty of drinks and good food.

Pacheco was imbued with a joie de vivere that preceded him in any situation, whether in his familiar territory (the bar table or the courtroom) or in any somber setting (from a wake to a hospital visit).

He was (and remains in my memories) a fabulous fellow, whose extraordinary attachment to the things of life cost him his own life.

In this disastrous moment in our history, where fascists have come out of the closet where they were hiding, someone with an open heart, who acts professionally in defense of those accused in the most diverse criminal proceedings, without any fear or constraints of self-interest, with independence, courage, and passion, naturally stands out. If this person is passionate about life and its twists and turns, all the more so the more emotion they awaken.

Pacheco was that kind of guy – may the earth rest lightly upon him!

Sad tropics.