Heleno Cláudio Fragoso

Heleno Cláudio Fragoso, who founded Fragoso Advogados in 1952, is recognized as one of the greatest jurists and criminal defense lawyers in the history of the Brazilian legal profession. He was born on February 5, 1926, the son of Luciano de Souza Fragoso and Felícia Ayres Fragoso. Following his father’s death when he was just two years old, he began working at an early age. He earned his law degree in 1951 from what is now the Rio de Janeiro State University. The following year, he established the firm, originally named ‘Escritório de Advocacia Professor Heleno Cláudio Fragoso’.

Heleno published his major work, ‘Lições do Direito Penal’ (Lessons on Criminal Law), at the age of 32. At 35, with his thesis ‘Conduta Punível’ (Punishable Conduct), he defeated an appellate judge from the Court of Justice of the Federal District in the competition for the ‘Livre-Docência’ (habilitation) in Criminal Law at the National Law School of UFRJ. He subsequently established himself in academia and began to gain wider recognition.

During the military dictatorship established after the 1964 coup, Heleno Fragoso consistently acted on behalf of those persecuted for political reasons before the Federal Military Courts and General Commissions of Inquiry. In a landmark case, he was the lawyer responsible for the collective ‘habeas corpus’ petition that secured the release of nearly a thousand young people who had gathered in Ibiúna, São Paulo, for the 1968 National Union of Students (UNE) congress.

Among other high-profile cases, the jurist also defended Niomar Moniz Sodré Bittencourt, owner of the Rio-based newspaper ‘Correio da Manhã’, which had published an editorial attacking the dictatorship, as well as writer Caio Prado Júnior, a staunch critic of the regime and owner of Editora Brasiliense; Catholic clergy members who championed human rights; and the revolutionary Stuart Angel Jones, who was murdered by the military at Galeão Air Force Base in Rio in 1971. He also distinguished himself by representing prominent clients in several sensational economic criminal law cases, such as the Coroa-Brastel, Delfin, Banco Econômico, and Banco Comind affairs.

Heleno also advocated for the family of journalist Vladimir Herzog, who was tortured and killed at the 2nd Army’s DOI-CODI facility in São Paulo in 1975. He served as an assistant to the prosecution during the second trial regarding the murder of socialite Ângela Diniz. His efforts led to the conviction of the accused, Doca Street, and the definitive refutation of the “defense of honor” argument, a tactic previously employed by defense attorneys in femicide cases. Due to his courageous human rights advocacy, he was abducted by unidentified agents in 1970 and remained missing for two days. At the time, he was the vice president of the OAB-Guanabara (the Guanabara chapter of the Brazilian Bar Association).

In the institutional sphere, Heleno Fragoso served as vice-president of the OAB Federal Council, a federal councilor for the organization, and vice-president of the Guanabara Section; he was also a full member of the Institute of Brazilian Lawyers (IAB) and served on its Superior Council. He was also active in various national and international organizations, notably serving as vice-president of the International Commission of Jurists in Geneva and the International Association of Penal Law in Paris.

In his academic career, he distinguished himself as a full professor of Criminal Law at the Rio de Janeiro State University and Candido Mendes University, as well as holding the title of ‘livre-docente’ (habilitation) at UFRJ. He served as a visiting professor at New York University and at the John Jay College of Criminal Justice (City University of New York). He was awarded an honorary doctorate by the University of Coimbra. Throughout his career, he published 14 legal works, cementing his significance in the field of Criminal Law.

Heleno Cláudio Fragoso passed away in Rio de Janeiro in May 1985, at the age of 59. He remained an active lawyer until the very end. To this day, he is recognized as a major national figure in the defense of civil liberties and the democratic rule of law.

Heleno Cláudio Fragoso

University Degrees

  • Full Professor – Candido Mendes Law School, where he taught between 1955 and 1985.
  • Visiting professor – John Jay College of Criminal Justice, City University of New York, in 1983
  • Doctor "honoris causa" – Faculty of Law, University of Coimbra, Portugal; distinction awarded in 1981.
  • Full Professor – Rio de Janeiro State University Law School, via a public competition based on credentials and examinations held in 1981.
  • Visiting professor – New York University School of Law, in 1966.
  • Associate Professor – Federal University of Rio de Janeiro Law School, in 1961, with the thesis “Punishable Conduct.”
  • Law graduate – Free University of Law (now Rio de Janeiro State University) 1951.

Equity interest in foreign entities

  • International Commission of Jurists (Geneva) – Member. Elected to the Executive Committee in 1977. Elected Vice-President of the ICJ in 1981.
  • International Association of Penal Law – Member. Elected to the Board of Directors at the X International Congress of Penal Law, held in Rome (1969). Elected Deputy Secretary-General at the Budapest Congress (1974), re-elected at the Hamburg Congress (1979), and elected Vice-President at the Cairo Congress (1984).
  • International Law Association – Member.
  • American Society of Criminology – Member.
  • Société Internationale de Criminologie – Member.
  • Centre de Recherches de Politique Criminelle – Member.
  • International Higher Institute of Criminal Sciences (Siracusa, Italy) – Member of the Board of Directors.

Participation in national organizations

  • Institute of Brazilian Lawyers (Rio de Janeiro) – Full Member of the Superior Council.
  • National Committee of Comparative Law – Member.
  • São Paulo Academy of Law – Member.
  • Rio de Janeiro Institute of Penal Sciences – Director. After his passing, the institution was renamed the Heleno Fragoso Institute of Penal Sciences.
  • Brazilian Bar Association – Rio de Janeiro State Chapter – Member of the Sectional Council between 1963 and 1970, a period during which he also served as Vice-President.
  • Brazilian Bar Association – Federal Council – Member from 1971 until his passing, having also served as Vice-President.

Collection

  • Homage
  • Interviews
  • Quotes
Homage
August 21, 2015

Heleno Cláudio Fragoso – um mestre nos tribunais de exceção

Jorge Luis Rocha
Homage
May 18, 2015

Trinta anos sem o Professor Heleno Cláudio Fragoso

Leonardo Isaac Yarochewsky
Homage
October 2, 2014

_A defesa de presos políticos

Fernando Fragoso
Quotes
August 21, 1991

De Beccaria a Filippo Gramatica

Evandro Lins e Silva
Homage
April 10, 1991

Heleno Fragoso e a reforma penal

René Ariel Dotti
Homage
September 6, 1987

Memória de Heleno

Nilo Batista
Homage
June 11, 1985

Um cavaleiro do humanismo

Gilberto Chateaubriand
Interviews
May 8, 1983

Sistema Penitenciário mundial está falido

Jornal Zero Hora
Interviews
November 15, 1981

Heleno Fragoso, 30 anos de advocacia

jornal O Globo
Interviews
November 10, 1981

Playboy’s fall in Brazil aids feminist aim

The New York Times
Interviews
December 17, 1980

O júri deve ser popular

Revista Veja
Interviews
December 10, 1977

Direitos Humanos

Jornal do Brasil
Interviews
July 2, 1977

Direitos humanos – Uma preocupação permanente e universal

Jornal do Brasil
Interviews
February 2, 1976

Brazilian’s reforms falling short of hopes

The New York Times
Interviews
August 13, 1974

A lawyer in Brazil urges abrogation of curb on rights

The New York Times
Interviews
August 26, 1973

Drogas, a busca de uma lei mais humana

Jornal do Commercio

A tribute to those who were part of our history.

A tribute to those who were part of our history

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